Nevada Revised Statutes 442.008 – Examination of infants: Regulations; performance of tests by State Public Health Laboratory; duties of physician, midwife, nurse, freestanding birthing center or hospital; exemption
1. The State Board of Health shall adopt regulations governing examinations and tests required for the discovery in infants of preventable or inheritable disorders, including tests for the presence of sickle cell disease and its variants and sickle cell trait.
Terms Used In Nevada Revised Statutes 442.008
- county: includes Carson City. See Nevada Revised Statutes 0.033
- Department: means the Department of Health and Human Services. See Nevada Revised Statutes 442.003
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Division: means the Division of Public and Behavioral Health of the Department. See Nevada Revised Statutes 442.003
- Freestanding birthing center: has the meaning ascribed to it in NRS 449. See Nevada Revised Statutes 442.003
- Laboratory: has the meaning ascribed to it in NRS 652. See Nevada Revised Statutes 442.003
- Midwife: means :
(a) A person certified as:
(1) A Certified Professional Midwife by the North American Registry of Midwives, or its successor organization; or
(2) A Certified Nurse-Midwife by the American Midwifery Certification Board, or its successor organization; or
(b) Any other type of midwife. See Nevada Revised Statutes 442.003
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- physician: means a person who engages in the practice of medicine, including osteopathy and homeopathy. See Nevada Revised Statutes 0.040
2. Except as otherwise provided in this subsection, the examinations and tests required pursuant to subsection 1 must include tests and examinations for each disorder recommended to be screened by the Health Resources and Services Administration of the United States Department of Health and Human Services by not later than 4 years after the recommendation is published. The State Board may exclude any such disorder upon request of the Chief Medical Officer or the person in charge of the State Public Health Laboratory based on:
(a) Insufficient funding to conduct testing for the disorder; or
(b) Insufficient resources to address the results of the examination and test.
3. Any examination or test required by the regulations adopted pursuant to subsection 1 which must be performed by a laboratory must be sent to the State Public Health Laboratory. If the State Public Health Laboratory increases the amount charged for performing such an examination or test pursuant to NRS 439.240, the Division shall hold a public hearing during which the State Public Health Laboratory shall provide to the Division a written and verbal fiscal analysis of the reasons for the increased charges.
4. Except as otherwise provided in subsection 7, the regulations adopted pursuant to subsection 1 concerning tests for the presence of sickle cell disease and its variants and sickle cell trait must require the screening for sickle cell disease and its variants and sickle cell trait of:
(a) Each newborn child who is susceptible to sickle cell disease and its variants and sickle cell trait as determined by regulations of the State Board of Health; and
(b) Each biological parent of a child who wishes to undergo such screening.
5. Any physician, midwife, nurse, freestanding birthing center or hospital of any nature attending or assisting in any way any infant, or the person who gave birth to any infant, at childbirth shall:
(a) Make or cause to be made an examination of the infant, including standard tests that do not require laboratory services, to the extent required by regulations of the State Board of Health as is necessary for the discovery of conditions indicating such preventable or inheritable disorders.
(b) Collect and send to the State Public Health Laboratory or cause to be collected and sent to the State Public Health Laboratory any specimens needed for the examinations and tests that must be performed by a laboratory and are required by the regulations adopted pursuant to subsection 1.
6. If the examination and tests reveal the existence of such conditions in an infant, the physician, midwife, nurse, freestanding birthing center or hospital attending or assisting at the birth of the infant shall immediately:
(a) Report the condition to the Chief Medical Officer or the representative of the Chief Medical Officer, the local health officer of the county or city within which the infant or the person who gave birth to the infant resides, and the local health officer of the county or city in which the child is born; and
(b) Discuss the condition with the parent, parents or other persons responsible for the care of the infant and inform them of the treatment necessary for the amelioration of the condition.
7. An infant is exempt from examination and testing if either parent files a written objection with the person or institution responsible for making the examination or tests.
8. As used in this section, ‘sickle cell disease and its variants’ has the meaning ascribed to it in NRS 439.4927.