[Rev. 11/21/2013 11:52:10 AM--2013]

CHAPTER 457 - CANCER

GENERAL PROVISIONS

NRS 457.010           Legislative declaration.

NRS 457.020           Definitions.

NRS 457.065           Adoption of regulations for administration of chapter.

NRS 457.070           Duties of Division.

NRS 457.075           Designation of official cancer institute.

REGULATION OF DRUGS, MEDICINES, COMPOUNDS OR DEVICES USED IN THE DIAGNOSIS, TREATMENT OR CURE OF CANCER

NRS 457.080           Testing of medicine or device; furnishing sample or information on request.

NRS 457.090           Statement concerning nature and content of drug, medicine or device to be furnished person before treatment; Division may require statement to be posted in office or room for treatment.

NRS 457.100           Investigation or testing of product is not endorsement of product; representation of endorsement by Division prohibited.

NRS 457.110           Division may issue cease and desist order after investigation or testing.

NRS 457.120           Use of facilities and findings in conducting investigation or test.

NRS 457.130           Contract for investigation by qualified scientists.

NRS 457.140           Finding by Division prerequisite to issuance of cease and desist order.

NRS 457.150           Issuance of injunction to restrain violation of cease and desist order.

NRS 457.160           Prohibition against use by person enjoined of new medicine or device before submission for investigation and testing.

NRS 457.170           Publication of report of investigation or test.

NRS 457.180           Report of Division. [Repealed.]

OPERATION OF RADIATION MACHINE FOR MAMMOGRAPHY

NRS 457.182           Definitions.

NRS 457.183           Requirements for operation of radiation machine for mammography; qualifications for certificate of authorization; expiration of certificate; requirements for continuing education; fee for renewal. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 457.183           Requirements for operation of radiation machine for mammography; qualifications for certificate of authorization; expiration of certificate; requirements for continuing education; fee for renewal. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 457.1833         Payment of child support: Statement by applicant for certificate of authorization; grounds for denial of certificate of authorization; duty of Division. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 457.1837         Suspension of certificate of authorization for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of certificate of authority. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 457.184           Issuance of certificate of authorization for radiation machine for mammography; expiration of certificate; fees.

NRS 457.185           Action on application for certificate of authorization; withdrawal of certificate. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 457.185           Action on application for certificate of authorization; withdrawal of certificate. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 457.1853         Application for renewal of certificate: Information concerning business license required; conditions which require denial. [Effective January 1, 2014.]

NRS 457.1857         Report provided to patient who undergoes mammography to include certain information regarding category of breast density and other information relating to mammograms; regulations. [Effective January 1, 2014.]

NRS 457.186           Hearing on denial or withdrawal of certificate of authorization.

NRS 457.187           Administrative fine.

ENFORCEMENT AND PENALTIES

NRS 457.190           Cooperation of county health officer, district attorney and Attorney General with Division for enforcement of chapter.

NRS 457.200           Penalty for violation of chapter.

NRS 457.210           Penalty for false representation of device, substance or treatment as effective to arrest or cure cancer.

NRS 457.220           Penalty for third and subsequent conviction of violation of chapter; exception.

REPORTING AND ANALYZING INFORMATION ON CANCER

NRS 457.230           Establishment and maintenance of system for reporting information; objectives; persons required to report information.

NRS 457.240           Regulations of State Board of Health.

NRS 457.250           Records of health care facility: Availability to Chief Medical Officer; abstracting of information; fees; penalty.

NRS 457.260           Publication of reports; provision of data.

NRS 457.265           Analysis of information, records and reports; investigation of trends.

NRS 457.270           Consent required before disclosure of identity of patient, physician or health care facility.

NRS 457.280           Limitation on civil and criminal liability.

CANCER DRUG DONATION PROGRAM

NRS 457.400           Definitions. [Replaced in revision by NRS 453B.150.]

NRS 457.410           “Cancer drug” defined. [Replaced in revision by NRS 453B.160.]

NRS 457.420           “Medical facility” defined. [Replaced in revision by NRS 453B.170.]

NRS 457.430           “Program” defined. [Replaced in revision by NRS 453B.180.]

NRS 457.440           “Provider of health care” defined. [Replaced in revision by NRS 453B.190.]

NRS 457.450           Establishment of Program; handling fee; conditions for acceptance, distribution and dispensing of donated drugs; certain restrictions. [Replaced in revision by NRS 453B.200.]

NRS 457.460           Donated drug may be dispensed only by registered pharmacist pursuant to prescription written for an eligible person. [Replaced in revision by NRS 453B.210.]

NRS 457.470           Compliance with provisions of Program; authority to distribute donated drug to another participant in Program. [Replaced in revision by NRS 453B.220.]

NRS 457.480           Regulations. [Replaced in revision by NRS 453B.230.]

NRS 457.490           Limitation of civil and criminal liability; limitation on disciplinary action by professional licensing board. [Replaced in revision by NRS 453B.240.]

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GENERAL PROVISIONS

      NRS 457.010  Legislative declaration.  The effective diagnosis, care, treatment and cure of persons suffering from cancer is affected with the public interest. Vital statistics indicate that approximately 16 percent of the annual total deaths in the United States result from one or another of the forms of cancer. It is established that accurate and early diagnosis of many forms of cancer, followed by prompt application of methods of treatment which are scientifically proven, either materially reduces the likelihood of death from cancer or may materially prolong the useful life of individuals suffering therefrom. It is, therefore, in the interest of members of the public that they be afforded full and accurate knowledge of the facilities and methods used for the diagnosis, treatment and cure of cancer which are available in this state and, to that end, that there be provided means for testing and investigating cancer devices, drugs, compounds and other agents, and that the members of the public be informed of facts for their protection from misrepresentation in such matters.

      (Added to NRS by 1960, 62)

      NRS 457.020  Definitions.  As used in this chapter, unless the context requires otherwise:

      1.  “Cancer” means all malignant neoplasms, regardless of the tissue of origin, including malignant lymphoma and leukemia.

      2.  “Division” means the Division of Public and Behavioral Health of the Department of Health and Human Services.

      3.  “Health care facility” has the meaning ascribed to it in NRS 162A.740 and also includes freestanding facilities for plastic reconstructive, oral and maxillofacial surgery.

      (Added to NRS by 1960, 62; A 1963, 965; 1967, 1174; 1973, 1406; 1977, 1221; 1993, 174; 2009, 212; 2013, 3063)

      NRS 457.065  Adoption of regulations for administration of chapter.  The State Board of Health shall adopt regulations for the administration of this chapter which include, without limitation, standards for the:

      1.  Training and performance of a person who operates a radiation machine for mammography which are at least as stringent as the requirements for accreditation established by the American College of Radiology.

      2.  Inspection and authorization of a radiation machine for mammography which are at least as stringent as the requirements for accreditation established by the American College of Radiology.

      (Added to NRS by 1985, 114; A 1991, 904)

      NRS 457.070  Duties of Division.  The Division shall:

      1.  Investigate violations of this chapter.

      2.  Investigate and test the content, method of preparation and use of any drug, medicine, compound or device proposed to be used or used by any person or association in the State for the diagnosis, treatment or cure of cancer.

      3.  Make findings of fact upon completion of any testing or investigation authorized by this chapter.

      4.  Hold hearings for the purpose of determining whether any of the provisions of this chapter have been violated.

      5.  Contract with independent scientific consultants for specialized services and advice.

      (Added to NRS by 1960, 63; A 1963, 965; 1977, 1221; 1983, 1678; 1985, 114)

      NRS 457.075  Designation of official cancer institute.  The Nevada Cancer Institute is hereby designated as the official cancer institute of the State of Nevada.

      (Added to NRS by 2003, 2530)

REGULATION OF DRUGS, MEDICINES, COMPOUNDS OR DEVICES USED IN THE DIAGNOSIS, TREATMENT OR CURE OF CANCER

      NRS 457.080  Testing of medicine or device; furnishing sample or information on request.  Upon the written request of the Division, delivered personally or by registered mail, any person or association engaged in, or representing that the person or association is engaged in, the diagnosis, treatment or cure of cancer shall furnish the Division with such sample as the Division may require of any drug, medicine, compound or device used or prescribed by such person or association, in the treatment or cure of cancer, and shall specify the formula of any such drug or compound used and name all ingredients by their common or usual name, and shall, upon like request by the Division, furnish such necessary information as the Division may request as to the composition and method of preparation of and the use to which any such drug, compound or device is being put by such person or association.

      (Added to NRS by 1960, 63)

      NRS 457.090  Statement concerning nature and content of drug, medicine or device to be furnished person before treatment; Division may require statement to be posted in office or room for treatment.  After an investigation by the Division of the content or composition of any drug, medicine, compound or device used by any person or association in the diagnosis, treatment or cure of cancer, the Division shall direct that any such person or association shall, prior to prescribing, recommending or making use of any such drug, medicine, compound or device in the treatment of any person, furnish such person with a statement as to the nature and content of such drug, medicine, compound or device. The Division may also require that such person or association post in a conspicuous place in the office or treatment rooms of the person or association a like statement as to the nature and content of such drug, medicine, compound or device in the form and size prescribed by the Division.

      (Added to NRS by 1960, 63; A 1977, 1222)

      NRS 457.100  Investigation or testing of product is not endorsement of product; representation of endorsement by Division prohibited.  The investigation or testing of any product by the Division is not an endorsement of the qualifications or value of such product, and a person shall not make any representation that investigation or testing constitutes an approval or endorsement of the person’s activities by the Division.

      (Added to NRS by 1960, 64; A 1977, 1222)

      NRS 457.110  Division may issue cease and desist order after investigation or testing.  After investigation or testing by the Division of the content or composition of any drug, medicine, compound or device used by any person or association in the diagnosis, treatment or cure of cancer, the Division may direct that such person or association cease and desist any further prescribing, recommending or use of any such drug, medicine, compound or device or substantially similar drugs, medicines, compounds or devices in the diagnosis or treatment of cancer.

      (Added to NRS by 1960, 64; A 1977, 1222)

      NRS 457.120  Use of facilities and findings in conducting investigation or test.  In the investigation or testing required by this chapter to determine the value of any drug, medicine, compound or device used in the diagnosis, treatment or cure of cancer, the Division shall, as it deems necessary or advisable, utilize the facilities and findings of its own laboratories or other appropriate laboratories within the State, or the facilities and findings of the Federal Government, including the National Cancer Institute.

      (Added to NRS by 1960, 64)

      NRS 457.130  Contract for investigation by qualified scientists.  The Division shall arrange by contract for investigation by and submission to it of findings, conclusions or opinions of trained scientists in the appropriate departments of universities and medical schools and other qualified scientists.

      (Added to NRS by 1960, 64; A 1977, 1222)

      NRS 457.140  Finding by Division prerequisite to issuance of cease and desist order.  Prior to the issuance of a cease and desist order under this chapter, the Division shall make a written finding of fact based on such investigation that the drug, medicine, compound or device so investigated has been found to be of no value in the diagnosis, treatment or cure of cancer.

      (Added to NRS by 1960, 64; A 1977, 1222)

      NRS 457.150  Issuance of injunction to restrain violation of cease and desist order.  If any person or association, after service upon the person or association of a cease and desist order issued by the Division under this chapter, persists in prescribing, recommending or using the drug, medicine, compound or device described in the order, any district court, on application of the Division, may issue an injunction or other appropriate order restraining such person or association from prescribing, recommending or using such drug, medicine, compound or device or any substantially similar drug, medicine, compound or device.

      (Added to NRS by 1960, 64)

      NRS 457.160  Prohibition against use by person enjoined of new medicine or device before submission for investigation and testing.  No person or association against whom an injunction has been issued under NRS 457.150 may use any new or unapproved drug, medicine, compound or device in the diagnosis, treatment or cure of cancer unless such drug, medicine, compound or device has been first submitted to the Division for investigation and testing.

      (Added to NRS by 1960, 64)

      NRS 457.170  Publication of report of investigation or test.  The Division may publish reports based on its investigation or testing of any drug, medicine, compound or device prescribed, recommended or used by any person or association, and if the Division determines that the use of any drug, medicine, compound or device in the diagnosis, treatment or cure of cancer constitutes an imminent danger to health or a gross deception of the public, the Division may take appropriate steps to publicize the danger or deception involved in such use. No such report is admissible in evidence in any criminal prosecution.

      (Added to NRS by 1960, 65; A 1963, 965; 1977, 1223)

      NRS 457.180  Report of Division.  Repealed. (See chapter 337, Statutes of Nevada 2013, at page 1634.)

 

OPERATION OF RADIATION MACHINE FOR MAMMOGRAPHY

      NRS 457.182  Definitions.  As used in NRS 457.182 to 457.187, inclusive, unless the context otherwise requires:

      1.  “Mammography” means radiography of the breast to enable a physician to determine the presence, size, location and extent of cancerous or potentially cancerous tissue in the breast.

      2.  “Radiation” means radiant energy which exceeds normal background levels and which is used in radiography.

      3.  “Radiography” means the making of a film or other record of an internal structure of the body by passing X rays or gamma rays through the body to act on film or other receptor of images.

      (Added to NRS by 1991, 902; A 1997, 2058; 2013, 2052, 2732)

      NRS 457.183  Requirements for operation of radiation machine for mammography; qualifications for certificate of authorization; expiration of certificate; requirements for continuing education; fee for renewal. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  A person shall not operate a radiation machine for mammography unless the person:

      (a) Has a certificate of authorization to operate a radiation machine issued by the Division; or

      (b) Is licensed pursuant to chapter 630 or 633 of NRS.

      2.  To obtain a certificate of authorization to operate a radiation machine for mammography, a person must:

      (a) Submit an application to the Division on a form provided by the Division and provide any additional information required by the Division;

      (b) Be certified by the American Registry of Radiologic Technologists or meet the standards established by the Division pursuant to subsection 1 of NRS 457.065;

      (c) Pass an examination if the Division determines that an examination for certification is necessary to protect the health and safety of the residents of this State;

      (d) Submit the statement required pursuant to NRS 457.1833; and

      (e) Pay the fee required by the Division, which must be calculated to cover the administrative costs directly related to the process of issuing the certificates.

      3.  An application for the issuance of a certificate of authorization to operate a radiation machine for mammography must include the social security number of the applicant.

      4.  The Division shall certify a person to operate a radiation machine for mammography if the person complies with the provisions of subsection 2 and meets the standards adopted pursuant to subsection 1 of NRS 457.065.

      5.  A certificate of authorization to operate a radiation machine for mammography expires 3 years after the date on which it was issued unless it is renewed before that date. The Division shall require continuing education as a prerequisite to the renewal of a certificate and shall charge a fee for renewal that is calculated to cover the administrative costs directly related to the renewal of a certificate.

      6.  A person who is certified to operate a radiation machine for mammography pursuant to this section shall not operate such a machine without a valid certificate of authorization issued pursuant to NRS 457.184 for the machine.

      (Added to NRS by 1991, 902; A 1997, 2058)

      NRS 457.183  Requirements for operation of radiation machine for mammography; qualifications for certificate of authorization; expiration of certificate; requirements for continuing education; fee for renewal. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  A person shall not operate a radiation machine for mammography unless the person:

      (a) Has a valid certificate of authorization to operate a radiation machine issued by the Division; or

      (b) Is licensed pursuant to chapter 630 or 633 of NRS.

      2.  To obtain a certificate of authorization to operate a radiation machine for mammography, a person must:

      (a) Submit an application to the Division on a form provided by the Division and provide any additional information required by the Division;

      (b) Be certified by the American Registry of Radiologic Technologists or meet the standards established by the Division pursuant to subsection 1 of NRS 457.065;

      (c) Pass an examination if the Division determines that an examination for certification is necessary to protect the health and safety of the residents of this state; and

      (d) Pay the fee required by the Division which must be calculated to cover the administrative costs directly related to the process of issuing the certificates.

      3.  The Division shall certify a person to operate a radiation machine for mammography if the person complies with the provisions of subsection 2 and meets the standards adopted pursuant to subsection 1 of NRS 457.065.

      4.  A certificate of authorization to operate a radiation machine for mammography expires 3 years after the date on which it was issued unless renewed before that date. The Division shall require continuing education as a prerequisite to renewal of a certificate and shall charge a fee for renewal that is calculated to cover the administrative costs directly related to the renewal of a certificate.

      5.  A person who is certified to operate a radiation machine for mammography pursuant to this section shall not operate such a machine without a valid certificate of authorization issued pursuant to NRS 457.184 for the machine.

      (Added to NRS by 1991, 902; A 1997, 2058, effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)

      NRS 457.1833  Payment of child support: Statement by applicant for certificate of authorization; grounds for denial of certificate of authorization; duty of Division. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  An applicant for the issuance or renewal of a certificate of authorization to operate a radiation machine for mammography shall submit to the Division the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

      2.  The Division shall include the statement required pursuant to subsection 1 in:

      (a) The application or any other forms that must be submitted for the issuance or renewal of the certificate; or

      (b) A separate form prescribed by the Division.

      3.  A certificate of authorization to operate a radiation machine for mammography may not be issued or renewed by the Division if the applicant:

      (a) Fails to submit the statement required pursuant to subsection 1; or

      (b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Division shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      (Added to NRS by 1997, 2057)

      NRS 457.1837  Suspension of certificate of authorization for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of certificate of authority. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  If the Division receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a certificate of authorization to operate a radiation machine for mammography, the Division shall deem the certificate issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Division receives a letter issued to the holder of the certificate by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the certificate has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The Division shall reinstate a certificate of authorization to operate a radiation machine for mammography that has been suspended by a district court pursuant to NRS 425.540 if the Division receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose certificate was suspended stating that the person whose certificate was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      (Added to NRS by 1997, 2057)

      NRS 457.184  Issuance of certificate of authorization for radiation machine for mammography; expiration of certificate; fees.

      1.  The owner, lessee or other responsible person shall not operate or allow to be operated a radiation machine for mammography unless he or she:

      (a) Has a valid certificate of authorization from the Division for the machine; and

      (b) Is accredited by the American College of Radiology or meets the standards established by the Division pursuant to subsection 2 of NRS 457.065.

      2.  To obtain a certificate of authorization from the Division for a radiation machine for mammography, a person must:

      (a) Submit an application to the Division on a form provided by the Division and provide any additional information required by the Division;

      (b) Provide any additional information required by the Division; and

      (c) Pay the fee required by the Division which must be calculated to cover the administrative costs directly related to the process of issuing the certificates.

      3.  After an inspection, the Division shall issue a certificate of authorization for a radiation machine for mammography if the machine:

      (a) Meets the standards adopted by the State Board of Health pursuant to subsection 2 of NRS 457.065;

      (b) Is specifically designed to perform mammography; and

      (c) Is used exclusively to perform mammography.

      4.  A certificate of authorization for a radiation machine for mammography expires 1 year after the date on which it was issued unless renewed before that date. The Division may require an inspection of the machine as a prerequisite to renewal of a certificate and shall charge a fee for renewal that is calculated to cover the administrative costs directly related to the process of renewing certificates.

      5.  A person who owns or leases or is otherwise responsible for more than one radiation machine for mammography shall obtain a certificate of authorization for each radiation machine.

      (Added to NRS by 1991, 903)

      NRS 457.185  Action on application for certificate of authorization; withdrawal of certificate. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  The Division shall grant or deny an application for a certificate of authorization to operate a radiation machine for mammography or a certificate of authorization for a radiation machine for mammography within 4 months after receipt of a complete application.

      2.  The Division shall withdraw the certificate of authorization to operate a radiation machine for mammography if it finds that the person violated the provisions of subsection 6 of NRS 457.183.

      3.  The Division shall deny or withdraw the certificate of authorization of a radiation machine for mammography if it finds that the owner, lessee or other responsible person violated the provisions of subsection 1 of NRS 457.184.

      4.  If a certificate of authorization to operate a radiation machine for mammography or a certificate of authorization for a radiation machine for mammography is withdrawn, a person must apply for the certificate in the manner provided for an initial certificate.

      (Added to NRS by 1991, 903; A 1997, 2059; 2013, 3063)

      NRS 457.185  Action on application for certificate of authorization; withdrawal of certificate. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  The Division shall grant or deny an application for a certificate of authorization to operate a radiation machine for mammography or a certificate of authorization for a radiation machine for mammography within 4 months after receipt of a complete application.

      2.  The Division shall withdraw the certificate of authorization to operate a radiation machine for mammography if it finds that the person violated the provisions of subsection 5 of NRS 457.183.

      3.  The Division shall deny or withdraw the certificate of authorization of a radiation machine for mammography if it finds that the owner, lessee or other responsible person violated the provisions of subsection 1 of NRS 457.184.

      4.  If a certificate of authorization to operate a radiation machine for mammography or a certificate of authorization for a radiation machine for mammography is withdrawn, a person must apply for the certificate in the manner provided for an initial certificate.

      (Added to NRS by 1991, 903; A 1997, 2059; 2013, 3063, effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)

      NRS 457.1853  Application for renewal of certificate: Information concerning business license required; conditions which require denial. [Effective January 1, 2014.]

      1.  In addition to any other requirements set forth in this chapter, an applicant for the renewal of a certificate of authorization to operate a radiation machine for mammography must indicate in the application submitted to the Division whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the state business license number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

      2.  A certificate of authorization to operate a radiation machine for mammography may not be renewed by the Division if:

      (a) The applicant fails to submit the information required by subsection 1; or

      (b) The State Controller has informed the Division pursuant to subsection 5 of NRS 353C.1965 that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

             (1) Satisfied the debt;

             (2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

             (3) Demonstrated that the debt is not valid.

      3.  As used in this section:

      (a) “Agency” has the meaning ascribed to it in NRS 353C.020.

      (b) “Debt” has the meaning ascribed to it in NRS 353C.040.

      (Added to NRS by 2013, 2731, effective January 1, 2014)

      NRS 457.1857  Report provided to patient who undergoes mammography to include certain information regarding category of breast density and other information relating to mammograms; regulations. [Effective January 1, 2014.]

      1.  If a patient undergoes mammography, the owner, lessee or other person responsible for the radiation machine for mammography that was used to perform the mammography must ensure that each report provided to the patient pursuant to 42 U.S.C. § 263b(f)(1)(G)(ii)(IV) includes, without limitation, a statement of the category of the patient’s breast density which is determined based on the Breast Imaging Reporting and Database System or such other guidelines as required by the State Board of Health by regulation, and the notice prescribed by the State Board of Health pursuant to subsection 2.

      2.  The State Board of Health shall prescribe by regulation the notice to be included in a report pursuant to subsection 1. The notice must include:

      (a) A statement regarding the benefits, risks and limitations of mammograms;

      (b) A description of factors that may affect the accuracy of a mammogram, including, without limitation, the density of breast tissue or the presence of breast implants;

      (c) A statement that encourages the patient to discuss with his or her provider of health care the patient’s specific risk factors for developing breast cancer; and

      (d) A statement that encourages the patient to discuss with his or her provider of health care whether the patient should adjust his or her schedule for mammograms or consider other appropriate screening options as a result of the patient’s breast density.

      3.  The notice prescribed by regulation pursuant to subsection 2 may include, without limitation:

      (a) A statement regarding the prevalence of dense breast tissue, the relationship between breast density and breast cancer and the manner in which breast density may change over time; and

      (b) A description of the factors that affect the risk of developing breast cancer.

      4.  Nothing in this section shall be construed to:

      (a) Create a duty of care or other legal obligation beyond the duty to provide the notice as set forth in this section.

      (b) Require a notice to be provided to a patient that is inconsistent with the notice required by the provisions of 42 U.S.C. § 263b or any regulations promulgated pursuant thereto.

      (Added to NRS by 2013, 2052, effective January 1, 2014)

      NRS 457.186  Hearing on denial or withdrawal of certificate of authorization.  Upon request, the Division shall hold an administrative hearing concerning the denial or withdrawal of an application for a certificate of authorization to operate a radiation machine for mammography or a certificate of authorization for a radiation machine for mammography.

      (Added to NRS by 1991, 904)

      NRS 457.187  Administrative fine.

      1.  The Division may impose an administrative fine, not to exceed $5,000, against the owner, lessee or other person responsible for a radiation machine for mammography for a violation of the provisions of NRS 457.182 to 457.186, inclusive, or for a violation of a regulation adopted pursuant thereto.

      2.  Any money collected as a result of an administrative fine imposed pursuant to subsection 1 must be deposited in the State General Fund.

      (Added to NRS by 1991, 904; A 2013, 2053, 2732)

ENFORCEMENT AND PENALTIES

      NRS 457.190  Cooperation of county health officer, district attorney and Attorney General with Division for enforcement of chapter.  County health officers, district attorneys and the Attorney General shall cooperate with the Division in the enforcement of the provisions of this chapter.

      (Added to NRS by 1960, 65)

      NRS 457.200  Penalty for violation of chapter.  The failure of any person or association, representing that the person or association as engaged in the diagnosis, treatment or cure of cancer, to comply with any of the provisions of this chapter, or with any order of the Division validly issued under this chapter, is a misdemeanor.

      (Added to NRS by 1960, 65)

      NRS 457.210  Penalty for false representation of device, substance or treatment as effective to arrest or cure cancer.  Every person convicted of willfully and falsely representing a device, substance or treatment as effective to arrest or cure cancer is guilty of a misdemeanor.

      (Added to NRS by 1960, 65)

      NRS 457.220  Penalty for third and subsequent conviction of violation of chapter; exception.

      1.  Except as otherwise provided in subsection 2, a person convicted of a violation of any provision of this chapter, who has previously been convicted twice or more of violations of any provisions of this chapter, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      2.  The penalty provided in subsection 1 does not apply to violations of NRS 457.230 to 457.280, inclusive.

      (Added to NRS by 1960, 65; A 1967, 586; 1979, 1476; 1985, 115; 1995, 1294)

REPORTING AND ANALYZING INFORMATION ON CANCER

      NRS 457.230  Establishment and maintenance of system for reporting information; objectives; persons required to report information.

      1.  The Chief Medical Officer shall, pursuant to the regulations of the State Board of Health, establish and maintain a system for the reporting of information on cancer.

      2.  The system must include a record of the cases of cancer which occur in this state along with such information concerning the cases as may be appropriate to form the basis for:

      (a) The conducting of comprehensive epidemiologic surveys of cancer and cancer-related diseases in this state; and

      (b) The evaluation of the appropriateness of measures for the prevention and control of cancer.

      3.  Hospitals, medical laboratories and other facilities that provide screening, diagnostic or therapeutic services to patients with respect to cancer shall report information on cases of cancer to the system.

      4.  Physicians who diagnose or provide treatment for cancer, except for cases directly referred or previously admitted to a hospital, medical laboratory or other facility described in subsection 3, shall report information on cases of cancer to the system.

      5.  As used in this section, “medical laboratory” has the meaning ascribed to it in NRS 652.060.

      (Added to NRS by 1983, 1677; A 1997, 1309)

      NRS 457.240  Regulations of State Board of Health.  The State Board of Health shall by regulation:

      1.  Prescribe the form and manner in which the information on cases of cancer must be reported;

      2.  Specify the malignant neoplasms which must be reported;

      3.  Prescribe other information to be included in each such report, for example, the patient’s name and address, the pathological findings, the stage of the disease, the environmental and occupational factors, the methods of treatment, the incidence of cancer in the patient’s family, and the places where the patient has resided; and

      4.  Establish a protocol for obtaining access to and preserving the confidentiality of the patients’ records needed for research into cancer.

      (Added to NRS by 1983, 1677)

      NRS 457.250  Records of health care facility: Availability to Chief Medical Officer; abstracting of information; fees; penalty.

      1.  The chief administrative officer of each health care facility in this state shall make available to the Chief Medical Officer or the Chief Medical Officer’s representative the records of the health care facility for every case of malignant neoplasms which are specified by the State Board of Health as subject to reporting.

      2.  The Division shall abstract from the records of the health care facility or shall require the health care facility to abstract from their own records such information as is required by the State Board of Health. The Division shall compile the information timely and not later than 6 months after it abstracts the information or receives the abstracted information from the health care facility.

      3.  The Board shall by regulation adopt a schedule of fees which must be assessed to the health care facility for each case from which information is abstracted by the Division or by the health care facility pursuant to subsection 2. The fee assessed to a facility which abstracts information from its own records must not exceed one-third of the amount assessed to facilities for which the Division abstracts.

      4.  Any person who violates this section is guilty of a misdemeanor and shall be punished by a fine of $1,000, and may be further punished by imprisonment in the county jail for not more than 6 months.

      (Added to NRS by 1983, 1677, 1678; A 1993, 174; 2001, 2257)

      NRS 457.260  Publication of reports; provision of data.

      1.  The Division shall publish reports based upon the material obtained pursuant to NRS 457.230, 457.240 and 457.250 and shall make other appropriate uses of the material to identify trends in the incidence of cancer in a particular area or population, advance research and education concerning cancer and improve treatment of the disease.

      2.  The Division shall provide any qualified researcher with data from the reported information upon the researcher’s:

      (a) Compliance with appropriate conditions as established under the Board’s regulations; and

      (b) Payment of a fee to cover the cost of providing the data.

      (Added to NRS by 1983, 1677; A 2003, 1248)

      NRS 457.265  Analysis of information, records and reports; investigation of trends.

      1.  The Chief Medical Officer or a qualified person designated by the Administrator of the Division shall analyze the material obtained pursuant to NRS 457.230, 457.240 and 457.250 and the reports published pursuant to NRS 457.260 to determine whether any trends exist in the incidence of cancer in a particular area or population.

      2.  If the Chief Medical Officer or the person designated pursuant to subsection 1 determines that a trend exists in the incidence of cancer in a particular area or population, the Chief Medical Officer or the person designated pursuant to subsection 1 shall work with appropriate governmental, educational and research entities to investigate the trend, advance research into the trend and the cancer identified in the trend, and facilitate the prevention and control of the cancer.

      (Added to NRS by 2003, 1248)

      NRS 457.270  Consent required before disclosure of identity of patient, physician or health care facility.  The Division shall not reveal the identity of any patient, physician or health care facility which is involved in the reporting required by NRS 457.250 unless the patient, physician or health care facility gives prior written consent to such a disclosure.

      (Added to NRS by 1983, 1678; A 1993, 174)

      NRS 457.280  Limitation on civil and criminal liability.  No person or organization providing information to the Division in accordance with NRS 457.230, 457.240 and 457.250 may be held liable in a civil or criminal action for divulging confidential information unless the person or organization has done so in bad faith or with malicious purpose.

      (Added to NRS by 1983, 1678)

CANCER DRUG DONATION PROGRAM

      NRS 457.400  Definitions.  [Replaced in revision by NRS 453B.150.]

 

      NRS 457.410  “Cancer drug” defined.  [Replaced in revision by NRS 453B.160.]

 

      NRS 457.420  “Medical facility” defined.  [Replaced in revision by NRS 453B.170.]

 

      NRS 457.430  “Program” defined.  [Replaced in revision by NRS 453B.180.]

 

      NRS 457.440  “Provider of health care” defined.  [Replaced in revision by NRS 453B.190.]

 

      NRS 457.450  Establishment of Program; handling fee; conditions for acceptance, distribution and dispensing of donated drugs; certain restrictions.  [Replaced in revision by NRS 453B.200.]

 

      NRS 457.460  Donated drug may be dispensed only by registered pharmacist pursuant to prescription written for an eligible person.  [Replaced in revision by NRS 453B.210.]

 

      NRS 457.470  Compliance with provisions of Program; authority to distribute donated drug to another participant in Program.  [Replaced in revision by NRS 453B.220.]

 

      NRS 457.480  Regulations.  [Replaced in revision by NRS 453B.230.]

 

      NRS 457.490  Limitation of civil and criminal liability; limitation on disciplinary action by professional licensing board.  [Replaced in revision by NRS 453B.240.]