1. In addition to the payment of the amount required by NRS 449.0308 and any civil penalty imposed pursuant to subsection 4, a person who operates a medical facility, facility for the dependent or a facility which is required by the regulations adopted by the Board pursuant to NRS 449.0303 to be licensed without a license issued by the Division is guilty of a misdemeanor.
2. If the Division believes that a person is operating a medical facility, facility for the dependent or a facility which is required by the regulations adopted by the Board pursuant to NRS 449.0303 to be licensed without such a license, the Division may issue an order to cease and desist the operation of the facility. The order must be served upon the person by personal delivery or by certified or registered mail, return receipt requested. The order is effective upon service.
3. If a person does not voluntarily cease operating a medical facility, facility for the dependent or a facility which is required by the regulations adopted by the Board pursuant to NRS 449.0303 to be licensed without a license or apply for licensure within 30 days after the date of service of the order pursuant to subsection 2, the Division may bring an action in a court of competent jurisdiction pursuant to NRS 449.220.
4. Upon a showing by the Division that a person is operating a medical facility, facility for the dependent or a facility which is required by the regulations adopted by the Board pursuant to NRS 449.0303 to be licensed without a license, a court of competent jurisdiction may:
(a) Enjoin the person from operating the facility.
(b) Impose a civil penalty on the operator to be recovered by the Division of not more than $10,000 for the first offense or not less than $10,000 or more than $25,000 for a second or subsequent offense.
5. Unless otherwise required by federal law, the Division shall deposit all civil penalties collected pursuant to paragraph (b) of subsection 4 into a separate account in the State General Fund to be used to administer and carry out the provisions of NRS 449.001 to 449.430, inclusive, and to protect the health, safety, well-being and property of the patients and residents of facilities in accordance with applicable state and federal standards.
[10:336:1951]—(NRS A 1967, 581; 1971, 936; 1973, 1285; 1985, 1742; 1999, 3609; 2009, 452; 2011, 358, 700, 1806; 2013, 137, 3060; 2015, 356; 2017, 1910)
Structure Nevada Revised Statutes
Chapter 449 - Medical Facilities and Other Related Entities
NRS 449.0015 - "Agency to provide nursing in the home" defined.
NRS 449.0021 - "Agency to provide personal care services in the home" defined.
NRS 449.0025 - "Board" defined.
NRS 449.0026 - "Community-based living arrangement services" defined.
NRS 449.0027 - Community health worker" defined.
NRS 449.0028 - Community health worker pool" defined.
NRS 449.0031 - "Community triage center" defined.
NRS 449.0032 - "Division" defined.
NRS 449.00325 - "Employment agency" defined.
NRS 449.0033 - "Facility for hospice care" defined.
NRS 449.0038 - "Facility for intermediate care" defined.
NRS 449.00385 - "Facility for modified medical detoxification" defined.
NRS 449.00387 - "Facility for refractive surgery" defined.
NRS 449.0039 - "Facility for skilled nursing" defined.
NRS 449.004 - "Facility for the care of adults during the day" defined.
NRS 449.00455 - "Facility for the treatment of alcohol or other substance use disorders" defined.
NRS 449.0046 - "Facility for the treatment of irreversible renal disease" defined.
NRS 449.0055 - "Facility for transitional living for released offenders" defined.
NRS 449.0065 - "Freestanding birthing center" defined. [Effective January 1, 2022.]
NRS 449.0105 - "Home for individual residential care" defined.
NRS 449.0115 - "Hospice care" defined.
NRS 449.012 - "Hospital" defined.
NRS 449.013 - "Independent center for emergency medical care" defined.
NRS 449.0145 - "Licensed practical nurse" defined.
NRS 449.01513 - "Medication aide - certified" defined.
NRS 449.01515 - "Mobile unit" defined.
NRS 449.0152 - "Nursing assistant" defined.
NRS 449.0153 - "Nursing pool" defined.
NRS 449.0155 - "Obstetric center" defined. [Effective through December 31, 2021.]
NRS 449.0156 - "Palliative services" defined.
NRS 449.01563 - Peer support recovery organization" defined. [Effective through December 31, 2021.]
NRS 449.01566 - Peer support services" defined. [Effective through December 31, 2021.]
NRS 449.0157 - "Provider of health care" defined.
NRS 449.0159 - "Provider of supported living arrangement services" defined.
NRS 449.0165 - "Psychiatric hospital" defined.
NRS 449.0167 - "Registered nurse" defined.
NRS 449.017 - "Residential facility for groups" defined.
NRS 449.0175 - "Rural clinic" defined.
NRS 449.0177 - "Rural hospital" defined.
NRS 449.0185 - "Supported living arrangement services" defined.
NRS 449.019 - "Surgical center for ambulatory patients" defined.
NRS 449.0195 - "Terminally ill" defined.
NRS 449.029 - "Medical facility" further defined.
NRS 449.0303 - Authority of Board to require licensing of other facilities.
NRS 449.0307 - Powers of Division.
NRS 449.040 - Application for license: Filing; contents.
NRS 449.069 - Substitute for surety bond required for facility for refractive surgery.
NRS 449.085 - Form and contents of license.
NRS 449.091 - Provisional license.
NRS 449.111 - Authorized activities of licensee; requirements governing provision of services.
NRS 449.113 - Grounds for denying renewal of license.
NRS 449.1195 - "Psychiatric residential treatment facility" defined.
NRS 449.4332 - Additional grounds for denial, suspension or revocation of certificate.
NRS 449.163 - Administrative sanctions: Imposition by Division; disposition of money collected.
NRS 449.165 - Administrative sanctions: Regulations of Board.
NRS 449.1818 - Off-campus location of hospital to obtain distinct national provider identifier.
NRS 449.1821 - Hospital to accept payment through Medicare; exceptions.
NRS 449.186 - Supervision of residential facility for groups.
NRS 449.1865 - Certain residential facilities for groups to be equipped with fire sprinkler system.
NRS 449.187 - Supervision of facility for skilled nursing or facility for intermediate care.
NRS 449.191 - Medical facility not required to allow abortions.
NRS 449.192 - Admission of dentist to membership on medical staff of hospital.
NRS 449.1925 - Staff privileges for telehealth providers.
NRS 449.195 - Waiver of deductible or copayment; conditions.
NRS 449.196 - Requirements for program of hospice care.
NRS 449.197 - Provision of care by facility for hospice care.
NRS 449.202 - Classification of hospitals.
NRS 449.204 - Misleading name or other designation of facility prohibited.
NRS 449.220 - Action to enjoin violations.
NRS 449.240 - Institution and conduct of prosecutions.
NRS 449.2413 - "Certified nursing assistant" defined.
NRS 449.2414 - "Health care facility" defined.
NRS 449.2416 - "Licensed nurse" defined.
NRS 449.2417 - "Practice of surgical technology" defined.
NRS 449.24175 - "Surgical technologist" defined.
NRS 449.2418 - "Unit" defined.
NRS 449.24195 - Applicability of provisions concerning surgical technology.
NRS 449.248 - Additional services to be provided by agency to provide nursing in home.
NRS 449.2487 - Notice to be provided by certain facilities which offer independent living.
NRS 449.24891 - "Ophthalmologist" defined.
NRS 449.24892 - "Postoperative care" defined.
NRS 449.24893 - "Preoperative care" defined.
NRS 449.24894 - "Surgical treatment for a refractive error of the eye" defined.
NRS 449.270 - State Department to constitute sole agency of State for certain purposes.
NRS 449.280 - Duties of State Department.
NRS 449.310 - Requirements of program for construction of health facilities.
NRS 449.320 - Application for federal money; deposit of money.
NRS 449.380 - Inspection of construction of health facility; certification by State Department.
NRS 449.400 - State Public Health Facilities Construction Assistance Fund: Creation; administration.
NRS 449.420 - Amount of state assistance: Allocations; payments.
NRS 449.4304 - "Intermediary service organization" defined.
NRS 449.4308 - Authority to provide services.
NRS 449.431 - Certificate required; exception; penalty.
NRS 449.4311 - Application for certificate: Contents.
NRS 449.4314 - Application for certificate: Fee.
NRS 449.4317 - Issuance of certificate; nontransferability.
NRS 449.4318 - Form and contents of certificate.
NRS 449.4319 - Expiration and renewal of certificate.
NRS 449.4321 - Grounds for denial, suspension or revocation of certificate.
NRS 449.4324 - Provisional certificate.
NRS 449.4325 - Deposit of money received; expenses of Division to enforce provisions.
NRS 449.4327 - Regulations; powers of Division.
NRS 449.4336 - Administrative sanctions: Regulations.
NRS 449.4337 - Notice by Division of disciplinary action; exception; appeal.
NRS 449.4338 - Action to enjoin violations.
NRS 449.4339 - Prosecution by district attorney.
NRS 449.436 - "Conscious sedation" defined.
NRS 449.437 - "Deep sedation" defined.
NRS 449.438 - "General anesthesia" defined.
NRS 449.439 - "Physician" defined.
NRS 449.443 - Application for permit; fee; inspection by Division; term of permit.
NRS 449.444 - Application for renewal of permit; fee.
NRS 449.4465 - Report of Division concerning surgical centers for ambulatory patients.
NRS 449.460 - Powers of Director.
NRS 449.470 - Director may use staff or contract for services.
NRS 449.476 - Committee to ensure quality of care: Formation by hospital; general requirements.
NRS 449.500 - Director to carry out analyses and studies concerning cost of health care.