HIV AIDS Resource Guide/HIV-AIDS Resource Guide.iso/STAT/STATE/NEVADA.ASC

Text File | 1993-01-14 | 32KB | 831 lines

/* NEVADA statutes address testing for prostitutes and inmates;
student education; and communicable disease control. */





41.1397.  Liability of owner or operator of house of prostitution
for employment of prostitute tested positive for exposure to
human immunodeficiency virus.

An owner of a house of prostitution, the person who operates the
house or his agent who employs or continues to employ a
prostitute after he knows or should know that the prostitute has
tested positive in a test approved by regulation of the state
board of health for exposure to the human immunodeficiency virus,
is liable for any damages caused to a person exposed to the virus
as a result of the employment.



201.356.  Test for exposure to human immunodeficiency virus
required; payment of costs; notification of results of test.

1.   Any person who is arrested for a violation of NRS 201.354
must submit to a test, approved by regulation of the state board
of health, to detect exposure to the human immunodeficiency
virus. The state board of health shall not approve a test for use
that does not provide the arresting law enforcement agency with
the results of the test within 30 days after a person submits to
the test. If the person is convicted of a violation of NRS
201.354, he shall pay the sum of $100 for the cost of the test.

2.   The person performing the test shall immediately transmit
the results of the test to the arresting law enforcement agency.
If the results of the test are negative, the agency shall inform
the court of that fact. If the results of the test are positive,
the agency shall upon receipt:

(a)  Mail the results by certified mail, return receipt
requested, to the person arrested at his last known address and
place the return receipt in the agency's file; or

(b)  If the person arrested is in the custody of the agency,
personally deliver the results to him and place an affidavit of
service in the agency's file.

If before receiving the results pursuant to this subsection, the
person arrested requests the agency to inform him of the results
and the agency has received those results, the agency shall
deliver the results to him, whether positive or negative, and
place an affidavit of service in the agency's file.

3.   The court shall, when the person arrested is arraigned,
order the person to reappear before the court 45 days after the
arraignment to determine whether the person has received the
results of the test. The court shall inform the person that his
failure to appear at the appointed time will result in the
issuance of a bench warrant, unless the order is rescinded
pursuant to this subsection. If the court is informed by the
agency that the results of the person's test were negative, the
court clerk shall rescind the order for his reappearance and so
notify the person. If, upon receiving notice from the agency that
the results of the test were positive, the person notifies the
court clerk in writing that he has received the results, the
clerk shall inform the court and rescind the order for his
reappearance for that determination.

4.   The court shall, upon the person's reappearance ordered
pursuant to subsection 3, ask him whether he has received the
results of the test. If the person answers that he has received
them, the court shall note his answer in the court records. If
the person answers that he has not received them, the court shall
have the results delivered to him and direct that an affidavit of
service be placed in the agency's file.

5.   If the person does not reappear as ordered and has not
notified the court clerk of his receipt of the results of the
test in the manner set forth in subsection 3, the court shall
cause a bench warrant to be issued and that person arrested and
brought before the court as upon contempt. The court shall also
proceed in the manner set forth in subsection 4 to ensure that
the person receives the results of the test.



201.358.  Engaging in prostitution or solicitation for
prostitution after testing positive for exposure to human
immunodeficiency virus: Penalty; definition.

1.   Any person who:

(a)  Violates NRS 201.354; or

(b)  Works as a prostitute in a licensed house of prostitution,
after testing positive in a test approved by the state board of
health for exposure to the human immunodeficiency virus and
receiving notice of that fact is guilty of a felony and shall be
punished by imprisonment in the state prison for not less than 1
year nor more than 20 years, or by fine of not more than $10,000,
or by both fine and imprisonment.

2.   As used in this section, notice means:

(a)  Actual notice; or

(b)  Notice received pursuant to NRS 201.356.

(a)  The legislature, by concurrent resolution, when the
legislature is in regular or special session; or

(b)  The interim finance committee, when the legislature is not
in regular or special session.

2.   A contract concerning the sale or donation by offenders of
blood or blood plasma entered into or renegotiated by the
director must:

(a)  Have a definite term; and

(b)  Be subject to an absolute right on the part of the director
to suspend or terminate operations and obligations or renegotiate
the terms of the contract.

The director must consider the expenses of administration and the
profits to be derived by the state before entering into or
renegotiating a contract pursuant to this subsection.

3.   All revenue from a program for the sale by offenders of
blood or blood plasma in excess of the cost of the program must
be placed in the fund for destitute prisoners which is hereby
created. The interest and income earned on money in the fund,
after deducting any applicable charges, must be credited to the
fund. Money in the fund may only be withdrawn by:

(a)  The director to pay monthly stipends to destitute offenders;

(b)  The legislature, by concurrent resolution, when the
legislature is in regular or special session; and

(c)  The interim finance committee, when the legislature is not
in regular or special session.



209.385.  Testing offenders for exposure to human
immunodeficiency virus; disclosure of name of offender whose
tests are positive; segregation of offender; duties of director.

1.   Each offender committed to the custody of the department for
evaluation or imprisonment shall submit to an initial test,
approved by regulation of the state board of health, to detect
exposure to the human immunodeficiency virus. At the time the
offender is committed to custody and after any incident involving
the offender:

(a)  The test must be administered; and

(b)  The offender must receive counseling regarding the virus.

2.   If the results of any initial test are positive, the
offender shall submit to a supplemental test approved for the
purpose by regulation of the state board of health.

3.   If the results of any supplemental test are positive, the
name of the offender must be disclosed to:

(a)  The director;

(b)  The administrative officers of the department who are
responsible for the classification and medical treatment of
offenders;

(c)  The manager or warden of the facility or institution at
which the offender is confined; and

(d)  Each other employee of the department whose normal duties
involve him with the offender or require him to come into contact
with the blood or bodily fluids of the offender.

4.   The offender must be segregated from every other offender
whose test results are negative if:

(a)  The results of any supplemental test are positive; and

(b)  The offender engages in behavior that increases the risk of
transmitting the virus, such as battery, the infamous crime
against nature, sexual intercourse in its ordinary meaning or
illegal intravenous injection of a controlled substance or a
dangerous drug as defined in chapter 454 of NRS.

5.   The director, with the approval of the board:

(a)  Shall establish for inmates and employees of the department
an educational program regarding the virus whose curriculum is
provided by the health division of the department of human
resources. Any person who provides instruction for this program
must be certified to do so by the health division.

(b)  May adopt such regulations as are necessary to carry out the
provisions of this section.

6.   As used in this section, "incident" means any occurrence, of
a kind specified by regulation of the state board of health, that
entails a significant risk of exposure to the human
immunodeficiency virus.



389.065.  Instruction on acquired immune deficiency syndrome,
human reproductive system, related communicable diseases and
sexual responsibility.

1.   The board of trustees of a school district shall establish a
course or unit of a course of:

(a)  Factual instruction concerning acquired immune deficiency
syndrome; and

(b)  Instruction on the human reproductive system, related
communicable diseases and sexual responsibility.

2.   Each board of trustees shall appoint an advisory committee
consisting of:

(a)  Five parents of children who attend schools in the district;
and

(b)  Four representatives, one from each of four of the following
professions or occupations:

(1)  Medicine or nursing;

(2)  Counseling;

(3)  Religion;

(4)  Pupils who attend school in the district; or

(5)  Teaching.

This committee shall advise the district concerning the content
of and materials to be used in a course of instruction
established pursuant to this section, and the recommended ages of
the pupils to whom the course is offered. The final decision on
these matters must be that of the board of trustees.

3.   The subjects of the courses may be taught only by a teacher
or school nurse whose qualifications have been previously
approved by the board of trustees.

4.   The parent or guardian of each pupil to whom a course is
offered must first be furnished written notice that the course
will be offered. The notice must be given in the usual manner
used by the local district to transmit written material to
parents, and must contain a form for the signature of the parent
or guardian of the pupil consenting to his attendance. Upon
receipt of the written consent of the parent or guardian, the
pupil may attend the course. If the written consent of the parent
or guardian is not received, he must be excused from such
attendance without any penalty as to credits or academic
standing. Any course offered pursuant to this section is not a re
quirement for graduation.

5.   All instructional materials to be used in a course must be
available for inspection by parents or guardians of pupils at
reasonable times and locations before the course is taught, and
appropriate written notice of the availability of the material
must be furnished to all parents and guardians.



441A Communicable diseases

441A.010. Definitions.

As used in this chapter, unless the context otherwise requires
the words and terms defined in NRS 441A.020 to 441A.110,
inclusive, have the meanings ascribed to them in those sections.



441A.020. "Board" defined.

"Board" means the state board of health.



441A.030. "Child care facility" defined.

"Child care facility" has the meaning ascribed to it in NRS
432A.024.



441A.040. "Communicable disease" defined.

"Communicable disease" means a disease which is caused by a
specific infectious agent or its toxic products, and which can be
transmitted, either directly or indirectly, from a reservoir of
infectious agents to - a susceptible host organism.



441A.050. "Health authority" defined.

"Health authority" means the district health officer in a
district, or his designee, or, if none, the state health officer,
or his designee.



441A.060. "Health division" defined.

"Health division" means the health division of the department of
human resources.



441A.070. "Laboratory director" defined.

"Laboratory director" has the meaning ascribed to it in NRS
652.050.



44 1A.080. "Medical facility" defined.

"Medical facility" has the meaning ascribed to it in NRS
449.0151.



441A.090. "Medical laboratory" defined.

"Medical laboratory" has the meaning ascribed to it in NRS
652.060.



441A.100. "Physician" defined.

"Physician" is limited to a person licensed to practice medicine
pursuant to chapter 630 or 633 of NRS.



441A.110. "Provider of health care" defined.

"Provider of health care" means a physician, nurse, physician's
assistant or veterinarian licensed in accordance with state law.



441A.120. Regulations of state board of health.

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 who has or is
suspected of having the disease.



441A.130. State health officer to inform local health officers of
regulations and procedures.

The state health officer shall inform each local health officer
of the regulations adopted by the board and the procedures
established for investigating and reporting cases or suspected
cases of communicable diseases.



441A.140. Authority of health division to receive and use
financial aid.

The health division may receive any financial aid made available
by any grant or other source and shall use the aid, in
cooperation with the health authority, to carry out the
provisions of this chapter.



441A.150. Reporting occurrences of communicable diseases to
health authority.

1.   A provider of health care who knows of, or provides services
to, a person who has or is suspected of having a communicable
disease shall report that fact to the health authority in the
manner prescribed by the regulations of the board. If no provider
of health care is providing services, each person having
knowledge that another person has a communicable disease shall
report that fact to the health authority in the manner prescribed
by the regulations of the board.

2.   A medical facility in which more than one provider of health
care may know of, or provide services to, a person who has or is
suspected of having a communicable disease shall establish
administrative procedures to ensure that the health authority is
notified.

3.   A laboratory director shall, in the manner prescribed by the
board, notify the health authority of the identification by his
medical laboratory of the presence of any communicable disease in
the jurisdiction of that health authority. The health authority
shall not presume a diagnosis of a communicable disease on the
basis of the notification received from the laboratory director.

4.   If more than one medical laboratory is involved in testing a
specimen, the laboratory that is responsible for reporting the
results of the testing directly to the provider of health care
for the patient shall also be responsible for reporting to the
health authority.



441A.160. Powers and duties of health authority.

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 NRS 441A.210, issue an order
requiring the isolation, quarantine or treatment of any person if
he believes that such action is necessary to protect the public
health. The order must be in writing and specify the person to be
isolated, 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.

(d) Each order issued pursuant to this section must be served
upon each person named in the order by delivering a copy to him.



441A.170. Weekly reports to state health officer.

Each health authority shall report each week to the state health
officer the number and types of cases or suspected cases of
communicable disease reported to him, and any other information
required by the regulations of the board.



441A.180. Contagious person to prevent exposure to others;
warning by health authority; penalty.

1.   A person who has a communicable disease in an infectious
state shall not conduct himself in any manner likely to expose
others to the disease or engage in any occupation in which it is
likely that the disease will be transmitted to others.

2.   A health authority who has reason to believe that a person
is in violation of subsection 1 shall issue a warning to him, in
writing, informing him of the behavior which constitutes the
violation and of the precautions that he must take to avoid
exposing others to the disease. The warning must be served upon
the person by delivering a copy to him.

3.   A person who violates the provisions of subsection 1 after
service upon him of a warning from a health authority is guilty
of a misdemeanor.



441A.190. Control of disease within schools, child care
facilities, medical facilities and correctional facilities.

1.   Except as otherwise provided in this subsection, a health
authority who knows of the presence of a communicable disease
within a school, child care facility, medical facility or
correctional facility shall notify the principal, director or
other person in charge of the school, child care facility,
medical facility or correctional facility of that fact and direct
what action, if any, must be taken to prevent the spread of the
disease. A health authority who knows of the presence of the
human immunodeficiency virus within a school shall notify the
superintendent of the school district of that fact and direct
what action, if any, must be taken to prevent the spread of the
virus.

2.   Except as otherwise provided in this subsection, the
principal, director or other person in charge of a school, child
care facility, medical facility or correctional facility who
knows of or suspects the presence of a communicable disease
within the school, child care facility, medical facility or
correctional facility, shall notify the health authority pursuant
to the regulations of the board. If a principal of a school knows
of the presence of the human immunodeficiency virus within the
school, he shall notify the superintendent of the school district
of that fact. A superintendent of a school district who is
notified of or knows of the presence of the human
immunodeficiency virus within a school in the school district
shall notify the health authority of that fact. The health
authority shall investigate a report received pursuant to this
subsection to determine whether a communicable disease or the
human immunodeficiency virus is present and direct what action,
if any, must be taken to prevent the spread of the disease or
virus.

3.   A parent, guardian or person having custody of a child who
has a communicable disease shall not knowingly permit the child
to attend school or a child care facility if the board, by
regulation, has determined that the disease requires exclusion
from school or a child care facility.



441A.200. Right to receive treatment from physician or clinic of
choice; board may prescribe method of treatment

This chapter does not empower or authorize the health authority
or any other person to interfere in any manner with the right of
a person to receive approved treatment for a communicable disease
from any physician, clinic or other person of his choice, but the
board has the power to prescribe the approved method of treatment
to be used by the physician, clinic or other person.



441A.210. Rights and duties of person who depends exclusively on
prayer for healing.

A person who has a communicable disease and depends exclusively
on prayer for healing in accordance with the tenets and precepts
of any recognized religious sect, denomination or organization is
not required to submit to any medical treatment required by the
provisions of this chapter, but may be isolated or quarantined in
his home or other place of his choice acceptable to the health
authority, and shall comply with all applicable rules,
regulations and orders issued by the health authority.



441A.220. Confidentiality of information; permissible disclosure.

All information of a personal nature about any person provided by
any other person reporting a case or suspected case of a
communicable disease, or by any person who has a communicable
disease, or as determined by investigation of the health
authority, is confidential medical information and must not be
disclosed to any person under any circumstances, including
pursuant to any subpoena, search warrant or discovery proceeding,
except as follows:

1.   For statistical purposes, provided that the identity of the
person is not discernible from the information disclosed.

2.   In a prosecution for a violation of this chapter.

3.   In a proceeding for an injunction brought pursuant to this
chapter.

4.   In reporting the actual or suspected abuse or neglect of a
child or elderly person.

5.   To any person who has a medical need to know the information
for his own protection or for the well-being of a patient or
dependent person, as determined by the health authority in
accordance with regulations of the board.

6.   If the person who is the subject of the information consents
in writing to the disclosure.

7.   Pursuant to subsection 2 of NRS 441A.320.

8.   If the disclosure is made to the welfare division of the
department of human resources and the person about whom the
disclosure is made has been diagnosed as having acquired
immunodeficiency syndrome or an illness related to the human
immunodeficiency virus and is a recipient of or an applicant for
assistance to the medically indigent.

9.   To a fireman, police officer or person providing emergency
medical services if the board has determined that the information
relates to a communicable disease significantly related to that
occupation. The information must be disclosed in the manner
prescribed by the board.

10.  If the disclosure is authorized or required by specific
statute.



441A.230. Disclosure of personal information prohibited without
consent.

Except as otherwise provided in this chapter, a person shall not
make public the name of, or other personal identifying
information about, a person infected with a communicable disease
who has been investigated by the health authority pursuant to
this chapter, without the consent of the person.



SEXUALLY TRANSMITTED DISEASES

441A.240. Duties of health division.

1.   The health division shall control, prevent, treat and,
whenever possible, ensure the cure of sexually transmitted
diseases.

2.   The health division shall provide the materials and
curriculum necessary to conduct the educational program provided
for in NRS 209.385 and establish a program for the certification
of persons qualified to provide instruction for the program.



441A.250. Establishment and support of clinics and dispensaries.

The health division may establish and provide financial or other
support to such clinics and dispensaries as it believes are
reasonably necessary for the prevention, control, treatment or
cure of sexually transmitted diseases.



441A.260. Provision of medical supplies and financial aid for
treatment of indigent patients.

If a person in this state who has a sexually transmitted disease
is, in the discretion of the health division, unable to afford
approved treatment for the disease, the health division may
provide medical supplies or direct financial aid to any
physician, clinic or dispensary in this state, within the limits
of the available appropriations and any other resources, to be
used in his treatment. A physician, clinic or dispensary that
accepts supplies or aid pursuant to this section shall comply
with all conditions prescribed by the board relating to the use
of the supplies or aid.



441A.270. Instruction of patients on prevention and treatment of
disease.

A physician, clinic or dispensary providing treatment to a person
who has a sexually transmitted disease shall instruct him in the
methods of preventing the spread of the disease and in the
necessity of systematic and prolonged treatment.



441A.280. Procedure to ensure that infected person receives
adequate treatment.

A physician who, or clinic or dispensary which, determines that a
person has a sexually transmitted disease shall encourage and, if
necessary, attempt to persuade him to submit to medical
treatment. Except as otherwise provided in NRS 441A.210, if the
person does not submit to treatment, or does not complete the
prescribed course of treatment, the physician, clinic or dispen
sary shall notify the health authority who shall take action to
ensure that the person receives adequate treatment for the
disease.



441A.290. Infected person to report source of infection.

A person who has a sexually transmitted disease shall, upon
request, inform the health authority of the source or possible
source of the infection.



441A.300. Confinement of person whose conduct may spread acquired
immunodeficiency syndrome.

A person who is diagnosed as having acquired immunodeficiency
syndrome who fails to comply with a written order of a health
authority, or who engages in behavior through which the disease
may be spread to others, is, in addition to any other penalty
imposed pursuant to this chapter, subject to confinement by order
of a court of competent jurisdiction.



441A.310. Examination and treatment of minor without consent.

Except as otherwise provided in NRS 441A.210, when any minor is
suspected of having or is found to have a sexually transmitted
disease, the health authority may require the minor to undergo
examination and treatment, regardless of whether the minor or
either of his parents consents to the examination and treatment.



441A.320. Testing, examination and treatment of person arrested
for certain sexual offenses; disclosure of results of test to vic
tim.

1.   As soon as practicable after a person has been arrested for
the commission of a crime which the victim or a witness alleges
involved the sexual penetration of the victim's body, the health
authority shall test a specimen submitted from the arrested
person for exposure to the human immunodeficiency virus and
syphilis.

2.   The health authority shall disclose the results of all tests
performed pursuant to subsection 1 to the victim or to the
victim's parent or guardian if the victim is a minor.

3.   Except as otherwise provided in NRS 441A.210, if the health
authority determines that an arrested person has been exposed to
the human immunodeficiency virus or syphilis, it shall require
the person to undergo examination and treatment, regardless of
whether he consents to the examination and treatment.

4.   As used in this section, the term "sexual penetration" has
the meaning ascribed to it in NES 200.364.



441A.330. Provision of outpatient care to persons with acquired
immune deficiency syndrome or human immunodeficiency virus
related disease.

The health division may establish such dispensaries, pharmacies
or clinics for outpatient care as it believes are necessary for
the care and treatment of persons who have acquired immune
deficiency syndrome or a human immunodeficiency virus related
disease, and provide those institutions with financial or other
assistance. Dispensaries, pharmacies or clinics which accept
financial or other assistance pursuant to this section shall
comply with all conditions prescribed by the board relating to
the use of that assistance.



ENFORCEMENT

441A420. Injunction: Grounds; responsibility for prosecution;
authority of court.

1.   A person who refuses to:

(a)  Comply with any regulation of the board relating to the
control of a communicable disease;

(b)  Comply with any provision of this chapter;

(c)  Submit to approved treatment or examination required or
authorized by this chapter;

(d)  Provide any information required by this chapter; or

(e)  Perform any duty imposed by this chapter, may be enjoined by
a court of competent jurisdiction.

2.   An action for an injunction pursuant to this section must be
prosecuted by the attorney general, any district attorney or any
private legal counsel retained by a local board of health in the
name of and upon the complaint of the health authority.

3.   The court in which an injunction is sought may make any
order reasonably necessary to carry out the purpose or intent of
any provision of this chapter or to compel compliance with any
regulation of the board or order of the health authority relating
to the control of a communicable disease.



441A.430. Criminal penalty for violation of chapter.

Except as otherwise provided, every person who violates any
provision of this chapter is guilty of a misdemeanor.



441A.440. Criminal penalty and administrative fine for failure to
comply with regulations or requirements of chapter.

Every provider of health care, medical facility or medical
laboratory that willfully fails, neglects or refuses to comply
with any regulation of the board relating to the reporting of a
communicable disease or any requirement of this chapter is guilty
of a misdemeanor and, in addition, may be subject to an
administrative fine of $1,000 for each violation, as determined
by the board.



441A.450. District attorney to prosecute violators.

The district attorney of the county in which any violation of
this chapter occurs shall prosecute the person responsible for
the violation.