Assembly Bill No. 111–Committee on Judiciary
(On Behalf of Nevada Sheriffs and Chiefs
Association)
February 12, 2001
____________
Referred to Committee on Judiciary
SUMMARY—Authorizes law enforcement agency to
inspect certain records during investigation of senior abuse. (BDR 15‑421)
FISCAL NOTE: Effect on Local Government: No.
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EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along
left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to older persons; authorizing a law enforcement agency to inspect certain
records while investigating allegations of senior abuse under certain
circumstances; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. NRS 200.50984
is hereby amended to read as follows:
1-2 200.50984 1. Notwithstanding any other statute to the
contrary, the
1-3 local office of the aging
services division of the department of human
1-4 resources , a law enforcement agency
and a county’s office for protective
1-5 services, if one exists in
the county where a violation is alleged to have
1-6 occurred, may for the
purpose of investigating an alleged violation of NRS
1-7 200.5091 to 200.50995,
inclusive, inspect all records pertaining to the older
1-8 person on whose behalf the
investigation is being conducted, including, but
1-9 not limited to, that
person’s medical and financial records.
1-10 2. Except as otherwise
provided in this subsection, if a guardian has
1-11 not been appointed for the
older person, the aging services division , the
1-12 law enforcement agency or the county’s office for protective services
shall
1-13 obtain the consent of the
older person before inspecting those records. If
1-14 the aging services division , the law enforcement agency
or the county’s
1-15 office for protective
services determines that the older person is unable to
1-16 consent to the inspection,
the inspection may be conducted without his
1-17 consent. Except as otherwise
provided in this subsection, if a guardian has
1-18 been appointed for the older
person, the aging services division
, the law
1-19 enforcement agency or the county’s office for protective services
shall
1-20 obtain the consent of the
guardian before inspecting those records. If the
2-1 aging services division , the law enforcement agency
or the county’s office
2-2 for protective services has
reasonable cause to believe that the guardian is
2-3 abusing, neglecting,
exploiting or isolating the older person, the inspection
2-4 may be conducted without the
consent of the guardian, except that if the
2-5 records to be inspected are
in the personal possession of the guardian, the
2-6 inspection must be approved
by a court of competent jurisdiction.
2-7 Sec. 2. NRS 629.061 is hereby amended to read as follows:
2-8 629.061 1. Each provider of health care shall make the
health care
2-9 records of a patient available
for physical inspection by:
2-10 (a) The patient or a representative with written authorization from
the
2-11 patient;
2-12 (b) An investigator for the attorney general or a law enforcement
2-13 officer or a grand jury investigating an alleged violation of NRS 200.495,
2-14 200.5091 to 200.50995,
inclusive, or 422.540 to 422.570, inclusive;
2-15 (c) An investigator for the attorney general investigating an
alleged
2-16 violation of NRS 616D.200,
616D.220, 616D.240 or 616D.300 to
2-17 616D.440, inclusive, or any
fraud in the administration of chapter 616A,
2-18 616B, 616C, 616D or 617 of
NRS or in the provision of benefits for
2-19 industrial insurance; or
2-20 (d) Any authorized representative or investigator of a state
licensing
2-21 board during the course of
any investigation authorized by law.
2-22 The records must be made
available at a place within the depository
2-23 convenient for physical
inspection, and inspection must be permitted at all
2-24 reasonable office hours and
for a reasonable length of time. If the records
2-25 are located outside this
state, the provider shall make any records requested
2-26 pursuant to this section
available in this state for inspection within 10
2-27 working days after the request.
2-28 2. The provider of health
care shall also furnish a copy of the records
2-29 to each person described in
subsection 1 who requests it and pays the
2-30 actual cost of postage, if
any, the costs of making the copy, not to exceed
2-31 60 cents per page for
photocopies and a reasonable cost for copies of X-ray
2-32 photographs and other health
[and] care records produced by similar
2-33 processes. No administrative
fee or additional service fee of any kind may
2-34 be charged for furnishing
such a copy.
2-35 3. Each person who owns or
operates an ambulance in this state shall
2-36 make his records regarding a
sick or injured patient available for physical
2-37 inspection by:
2-38 (a) The patient or a representative with written authorization from
the
2-39 patient; or
2-40 (b) Any authorized representative or investigator of a state
licensing
2-41 board during the course of
any investigation authorized by law.
2-42 The records must be made
available at a place within the depository
2-43 convenient for physical
inspection, and inspection must be permitted at all
2-44 reasonable office hours and
for a reasonable length of time. The person
2-45 who owns or operates an
ambulance shall also furnish a copy of the records
2-46 to each person described in
this subsection who requests it and pays the
2-47 actual cost of postage, if
any, and the costs of making the copy, not to
2-48 exceed 60 cents per page for
photocopies. No administrative fee or
3-1 additional service fee of
any kind may be charged for furnishing a copy of
3-2 the records.
3-3 4. Records made available
to a representative or investigator must not
3-4 be used at any public
hearing unless:
3-5 (a) The patient named in the records has consented in writing to
their
3-6 use; or
3-7 (b) Appropriate procedures are utilized to protect the identity of
the
3-8 patient from public
disclosure.
3-9 5. Subsection 4 does not
prohibit:
3-10 (a) A state licensing board from providing to a provider of health
care
3-11 or owner or operator of an
ambulance against whom a complaint or written
3-12 allegation has been filed,
or to his attorney, information on the identity of a
3-13 patient whose records may be
used in a public hearing relating to the
3-14 complaint or allegation, but
the provider of health care or owner or
3-15 operator of an ambulance and
his attorney shall keep the information
3-16 confidential.
3-17 (b) The attorney general or a law enforcement officer from using health
3-18 care records in the course
of a civil or criminal action against the patient or
3-19 provider of health care.
3-20 6. A provider of health
care or owner or operator of an ambulance, his
3-21 agents and employees are
immune from any civil action for any disclosures
3-22 made in accordance with the
provisions of this section or any consequential
3-23 damages.
3-24 Sec. 3. This act becomes effective upon passage and approval.
3-25 H