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 NRS 441A.520, the right to counsel set forth in NRS 441A.660, and the right of a person to challenge his or her isolation or quarantine or any condition of such 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.
(Added to NRS by 2003, 2204)
Structure Nevada Revised Statutes
NRS 441A.020 - "Board" defined.
NRS 441A.030 - "Child care facility" defined.
NRS 441A.040 - "Communicable disease" defined.
NRS 441A.050 - "Health authority" defined.
NRS 441A.063 - "Infectious disease" defined.
NRS 441A.065 - "Isolation" defined.
NRS 441A.070 - "Laboratory director" defined.
NRS 441A.080 - "Medical facility" defined.
NRS 441A.090 - "Medical laboratory" defined.
NRS 441A.100 - "Physician" defined.
NRS 441A.110 - "Provider of health care" defined.
NRS 441A.115 - "Quarantine" defined.
NRS 441A.118 - Legislative findings and declaration.
NRS 441A.130 - Chief Medical Officer to inform local health officers of regulations and procedures.
NRS 441A.170 - Weekly reports to Chief Medical Officer.
NRS 441A.210 - Rights and duties of person who depends exclusively on prayer for healing.
NRS 441A.230 - Disclosure of personal information prohibited without consent.
NRS 441A.240 - Duties of health authority.
NRS 441A.250 - Establishment and support of clinics and dispensaries.
NRS 441A.260 - Provision of medical supplies and financial aid for treatment of indigent patients.
NRS 441A.270 - Instruction of patients on prevention and treatment of disease.
NRS 441A.280 - Procedure to ensure that infected person receives adequate treatment.
NRS 441A.290 - Infected person to report source of infection.
NRS 441A.300 - Confinement of person whose conduct may spread acquired immunodeficiency syndrome.
NRS 441A.310 - Examination and treatment of minor without consent.
NRS 441A.330 - Provision of outpatient care to persons with human immunodeficiency virus.
NRS 441A.334 - Provider of health care" defined.
NRS 441A.335 - Declaration of legislative intent.
NRS 441A.340 - Duties of health authority.
NRS 441A.350 - Establishment and support of clinics.
NRS 441A.360 - Provision of medical supplies and financial aid for treatment of indigent patients.
NRS 441A.390 - Contracts with private physicians to provide outpatient care in rural areas.
NRS 441A.400 - Inspection of records of facility where patients are treated.
NRS 441A.410 - Regulations governing control of rabies.
NRS 441A.505 - "Health authority" defined.
NRS 441A.530 - Right to refuse treatment and not submit to involuntary treatment; exception.
NRS 441A.560 - Procedure for isolation or quarantine.
NRS 441A.580 - Requirements for and limitations on applications and certificates.
NRS 441A.590 - Additional notice to spouse or legal guardian.
NRS 441A.620 - Hearing on petition; notice; release of person before hearing.
NRS 441A.640 - Evaluation teams: Establishment; composition; fees.
NRS 441A.660 - Right to counsel; compensation of counsel; recess; duties of district attorney.
NRS 441A.690 - Fees and mileage for witnesses.
NRS 441A.710 - Clinical abstract to accompany order.
NRS 441A.900 - Injunction: Grounds; responsibility for prosecution; authority of court.
NRS 441A.910 - Criminal penalty for violation of chapter; exception.