SB82

Senate Bill No. 82–Committee on Human
Resources and Facilities

(On Behalf of the Legislative Committee on
Health Care (NRS 439B.200))

February 11, 2003

____________

Referred to Committee on Human Resources and Facilities

SUMMARY—Makes various changes concerning public health laws. (BDR 40‑677)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State: Yes.

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 public health; establishing procedures for the isolation or quarantine of a person with a communicable disease; authorizing public health officials to isolate and quarantine a group of persons; requiring the State Board of Health to develop a syndromic reporting and active surveillance system for monitoring public health; expanding the exclusive jurisdiction of the family court to include proceedings for an involuntary court-ordered isolation or quarantine; 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 439.360 is hereby amended to read as follows:

1-2 439.360 The county board of health may:

1-3 1. Abate nuisances in accordance with law.

1-4 2. Establish and maintain an isolation hospital or quarantine

1-5 station when necessary[.] for the isolation or quarantine of a

1-6 person or a group of persons.

2-1 3. Restrain, quarantine and disinfect any person or group of

2-2 persons sick with or exposed to any contagious or infectious disease

2-3 that is dangerous to the public health.

2-4 4. Appoint quarantine officers when necessary to enforce a

2-5 quarantine, shall provide whatever medicines, disinfectants and

2-6 provisions which may be required, and shall arrange for the payment

2-7 of all debts or charges so incurred from any funds available, but

2-8 each patient shall, if he is able, pay for his food, medicine, clothes

2-9 and medical attendance.

2-10 5. Subject to the prior review and approval of the board of

2-11 county commissioners and except as otherwise provided in NRS

2-12 576.128, adopt a schedule of reasonable fees to be collected for

2-13 issuing or renewing any health permit or license required to be

2-14 obtained from the board pursuant to a law of this state or an

2-15 ordinance adopted by any political subdivision of this state. Such

2-16 fees must be for the sole purpose of defraying the costs and

2-17 expenses of the procedures for issuing licenses and permits, and

2-18 investigations related thereto, and not for the purposes of general

2-19 revenue.

2-20 Sec. 2. NRS 439.470 is hereby amended to read as follows:

2-21 439.470 The city board of health may:

2-22 1. Abate nuisances in accordance with law.

2-23 2. Establish a temporary isolation hospital or quarantine station

2-24 when an emergency demands[.] the isolation or quarantine of a

2-25 person or a group of persons.

2-26 3. Restrain, quarantine and disinfect any person or group of

2-27 persons sick with or exposed to any contagious or infectious disease

2-28 which is dangerous to the public health.

2-29 4. Appoint quarantine officers when necessary to enforce a

2-30 quarantine, and shall provide whatever medicines, disinfectants and

2-31 provisions which may be required. The city council shall pay all

2-32 debts or charges so incurred , [;] but each patient shall, if able, pay

2-33 for his food, medicine, clothes and medical attendance.

2-34 5. Subject to the prior review and approval of the governing

2-35 body of the city and except as otherwise provided in NRS 576.128,

2-36 adopt a schedule of reasonable fees to be collected for issuing or

2-37 renewing any health permit or license required to be obtained from

2-38 such board pursuant to state law or an ordinance adopted by any

2-39 political subdivision. Such fees must be for the sole purpose of

2-40 defraying the costs and expenses of the procedures for issuing

2-41 licenses and permits, and investigations related thereto, and not for

2-42 the purposes of general revenue.

3-1 Sec. 3. Chapter 441A of NRS is hereby amended by adding

3-2 thereto the provisions set forth as sections 4 to 27, inclusive, of this

3-3 act.

3-4 Sec. 4. “Isolation” means the physical separation and

3-5 confinement of a person or a group of persons infected or

3-6 reasonably believed by a health authority to be infected with a

3-7 communicable disease from persons who are not infected with and

3-8 have not been exposed to the communicable disease, to limit the

3-9 transmission of the communicable disease to persons who are not

3-10 infected with and have not been exposed to the communicable

3-11 disease.

3-12 Sec. 5. “Quarantine” means the physical separation and

3-13 confinement of a person or a group of persons exposed to or

3-14 reasonably believed by a health authority to have been exposed to

3-15 a communicable disease who do not yet show any signs or

3-16 symptoms of being infected with the communicable disease from

3-17 persons who are not infected with and have not been exposed to

3-18 the communicable disease, to limit the transmission of the

3-19 communicable disease to persons who are not infected with and

3-20 have not been exposed to the communicable disease.

3-21 Sec. 6. As used in sections 6 to 26, inclusive, of this act,

3-22 unless the context otherwise requires, “health authority” means:

3-23 1. The officers and agents of the Health Division;

3-24 2. The officers and agents of a health district; or

3-25 3. The district health officer in a district, or his designee, or,

3-26 if none, the State Health Officer, or his designee.

3-27 Sec. 7. If a health authority isolates or quarantines a person

3-28 or group of persons infected with, exposed to, or reasonably

3-29 believed by a health authority to have been infected with or

3-30 exposed to a communicable disease, the authority must isolate or

3-31 quarantine the person or group of persons in the manner set forth

3-32 in sections 6 to 26, inclusive, of this act.

3-33 Sec. 8. 1. If a person infected with or exposed to a

3-34 communicable disease is voluntarily isolated or quarantined in a

3-35 public or private medical facility, the facility shall not change the

3-36 status of the person to an emergency isolation or quarantine

3-37 unless, before the change in status is made:

3-38 (a) The facility provides:

3-39 (1) An application to a health authority for an emergency

3-40 isolation or quarantine pursuant to section 10 of this act; and

3-41 (2) The certificate of a health authority, physician, licensed

3-42 physician assistant or registered nurse to a health authority

3-43 pursuant to section 11 of this act; or

3-44 (b) The facility receives an order for isolation or quarantine

3-45 issued by a health authority.

4-1 2. A person whose status is changed to an emergency

4-2 isolation or quarantine pursuant to subsection 1 must not be

4-3 detained in excess of 48 hours after the change in status is made,

4-4 unless within that period a written petition is filed by a health

4-5 authority with the clerk of the district court pursuant to section 14

4-6 of this act.

4-7 3. If the period specified in subsection 2 expires on a day on

4-8 which the office of the clerk of the district court is not open, the

4-9 written petition must be filed on or before the close of the business

4-10 day next following the expiration of that period.

4-11 Sec. 9. 1. Any person or group of persons alleged to have

4-12 been infected with or exposed to a communicable disease may be

4-13 detained in a public or private medical facility, a residence or

4-14 other safe location under emergency isolation or quarantine for

4-15 testing, examination, observation and the provision of or

4-16 arrangement for the provision of consensual medical treatment in

4-17 the manner set forth in sections 6 to 26, inclusive, of this act, and

4-18 subject to the provisions of subsection 2:

4-19 (a) Upon application to a health authority pursuant to section

4-20 10 of this act;

4-21 (b) Upon order of a health authority; or

4-22 (c) Upon voluntary consent of the person, parent of a minor

4-23 person or legal guardian of the person.

4-24 2. Except as otherwise provided in subsection 3 or 4, a person

4-25 voluntarily or involuntarily isolated or quarantined under

4-26 subsection 1 must be released within 72 hours, including

4-27 weekends and holidays, from the time of his admission to a

4-28 medical facility or isolation or quarantine in a residence or other

4-29 safe location, unless within that period:

4-30 (a) The additional voluntary consent of the person, the parent

4-31 of a minor person or a legal guardian of the person is obtained;

4-32 (b) A written petition for an involuntary court-ordered

4-33 isolation or quarantine is filed with the clerk of the district court

4-34 pursuant to section 14 of this act, including, without limitation,

4-35 the documents required pursuant to section 15 of this act; or

4-36 (c) The status of the person is changed to a voluntary isolation

4-37 or quarantine.

4-38 3. If the period specified in subsection 2 expires on a day on

4-39 which the office of the clerk of the district court is not open, the

4-40 written petition must be filed on or before the close of the business

4-41 day next following the expiration of that period.

4-42 4. During a state of emergency or declaration of disaster

4-43 regarding public health proclaimed by the Governor or the

4-44 Legislature pursuant to NRS 414.070, a health authority may,

4-45 before the expiration of the period of 72 hours set forth in

5-1 subsection 2, petition, with affidavits supporting its request, a

5-2 district court for an order finding that a reasonably foreseeable

5-3 immediate threat to the health of the public requires the 72-hour

5-4 period of time to be extended for no longer than the court deems

5-5 necessary for available governmental resources to investigate, file

5-6 and prosecute the relevant written petitions for involuntary court-

5-7 ordered isolation or quarantine pursuant to sections 6 to 26,

5-8 inclusive, of this act.

5-9 Sec. 10. 1. An application to a health authority for an order

5-10 of emergency isolation or quarantine of a person or a group of

5-11 persons alleged to have been infected with or exposed to a

5-12 communicable disease may only be made by another health

5-13 authority, a physician, a licensed physician assistant, a registered

5-14 nurse or a medical facility by submitting the certificate required by

5-15 section 11 of this act. Within its jurisdiction, upon application or

5-16 on its own, subject to the provisions of sections 6 to 26, inclusive, a

5-17 health authority may:

5-18 (a) Pursuant to its own order and without a warrant:

5-19 (1) Take a person or group of persons alleged to and

5-20 reasonably believed by the health authority to have been infected

5-21 with or exposed to a communicable disease into custody in any

5-22 safe location under emergency isolation or quarantine for testing,

5-23 examination, observation and the provision of or arrangement for

5-24 the provision of consensual medical treatment; and

5-25 (2) Transport the person or group of persons alleged to and

5-26 reasonably believed by the health authority to have been infected

5-27 with or exposed to a communicable disease to a public or private

5-28 medical facility, a residence or other safe location for that

5-29 purpose, or arrange for the person or group of persons to be

5-30 transported for that purpose by:

5-31 (I) A local law enforcement agency;

5-32 (II) A system for the nonemergency medical

5-33 transportation of persons whose operation is authorized by the

5-34 Transportation Services Authority; or

5-35 (III) If medically necessary, an ambulance service that

5-36 holds a permit issued pursuant to the provisions of chapter 450B

5-37 of NRS,

5-38 only if the health authority acting in good faith has, based upon

5-39 personal observation, its own epidemiological investigation or an

5-40 epidemiological investigation by another health authority, a

5-41 physician, a licensed physician assistant or a registered nurse as

5-42 stated in a certificate submitted pursuant to section 11 of this act,

5-43 if such a certificate was submitted, of the person or group of

5-44 persons alleged to have been infected with or exposed to a

5-45 communicable disease, a reasonable factual and medical basis to

6-1 believe that the person or group of persons has been infected with

6-2 or exposed to a communicable disease, and that because of the

6-3 risks of that disease the person or group of persons is likely to be

6-4 an immediate threat to the health of members of the public who

6-5 have not been infected with or exposed to the communicable

6-6 disease.

6-7 (b) Petition a district court for an emergency order requiring:

6-8 (1) Any health authority or peace officer to take a person or

6-9 group of persons alleged to have been infected with or exposed to

6-10 a communicable disease into custody to allow the health authority

6-11 to investigate, file and prosecute a petition for the involuntary

6-12 court-ordered isolation or quarantine of the person or group of

6-13 persons alleged to have been infected with or exposed to a

6-14 communicable disease in the manner set forth in sections 6 to 26,

6-15 inclusive, of this act; and

6-16 (2) Any agency, system or service described in

6-17 subparagraph (2) of paragraph (a) to transport, in accordance

6-18 with such court order, the person or group of persons alleged to

6-19 have been infected with or exposed to a communicable disease to a

6-20 public or private medical facility, a residence or other safe

6-21 location for that purpose.

6-22 2. The district court may issue an emergency order for

6-23 isolation or quarantine pursuant to paragraph (b) of subsection 1:

6-24 (a) Only for the time deemed necessary by the court to allow a

6-25 health authority to investigate, file and prosecute each petition for

6-26 involuntary court-ordered isolation or quarantine pursuant to

6-27 sections 6 to 26, inclusive, of this act; and

6-28 (b) Only if it is satisfied that there is probable cause to believe

6-29 that the person or group of persons alleged to have been infected

6-30 with or exposed to a communicable disease has been infected with

6-31 or exposed to a communicable disease, and that because of the

6-32 risks of that disease the person or group of persons is likely to be

6-33 an immediate threat to the health of the public.

6-34 Sec. 11. A health authority shall not accept an application

6-35 for an emergency isolation or quarantine under section 10 of this

6-36 act unless that application is accompanied by a certificate of

6-37 another health authority or a physician, licensed physician

6-38 assistant or registered nurse stating that he has examined the

6-39 person or group of persons alleged to have been infected with or

6-40 exposed to a communicable disease or has investigated the

6-41 circumstances of potential infection or exposure regarding the

6-42 person or group of persons alleged to have been infected with or

6-43 exposed to a communicable disease and that he has concluded that

6-44 the person or group of persons has been infected with or exposed

6-45 to a communicable disease, and that because of the risks of that

7-1 disease the person or group of persons is likely to be an immediate

7-2 threat to the health of the public. The certificate required by this

7-3 section may be obtained from a physician, licensed physician

7-4 assistant or registered nurse who is employed by the public or

7-5 private medical facility in which the person or group of persons is

7-6 admitted or detained and from the facility from which the

7-7 application is made.

7-8 Sec. 12. 1. No application or certificate authorized under

7-9 section 10 or 11 of this act may be considered if made by a person

7-10 on behalf of a medical facility or by a health authority, physician,

7-11 licensed physician assistant or registered nurse who is related by

7-12 blood or marriage to the person alleged to have been infected with

7-13 or exposed to a communicable disease, or who is financially

7-14 interested, in a manner that would be prohibited pursuant to NRS

7-15 439B.425 if the application or certificate were deemed a referral,

7-16 in a medical facility in which the person alleged to have been

7-17 infected with or exposed to a communicable disease is to be

7-18 detained.

7-19 2. No application or certificate of any health authority or

7-20 person authorized under section 10 or 11 of this act may be

7-21 considered unless it is based on personal observation, examination

7-22 or epidemiological investigation of the person or group of persons

7-23 alleged to have been infected with or exposed to a communicable

7-24 disease made by such health authority or person not more than 72

7-25 hours before the making of the application or certificate. The

7-26 certificate must set forth in detail the facts and reasons on which

7-27 the health authority or person who submitted the certificate

7-28 pursuant to section 11 of this act based his opinions and

7-29 conclusions.

7-30 Sec. 13. Within 24 hours after a person’s involuntary

7-31 admission into a public or private medical facility under

7-32 emergency isolation or quarantine, the administrative officer of

7-33 the public or private medical facility shall reasonably attempt to

7-34 ascertain the identification and location of the spouse or legal

7-35 guardian of that person and, if reasonably possible, mail notice of

7-36 the admission by certified mail to the spouse or legal guardian of

7-37 that person.

7-38 Sec. 14. A proceeding for an involuntary court‑ordered

7-39 isolation or quarantine of any person in this state may be

7-40 commenced by a health authority filing a petition with the clerk of

7-41 the district court of the county where the person who is to be

7-42 isolated or quarantined resides. The petition may be pled in the

7-43 alternative for both isolation and quarantine, if required by

7-44 developing or changing facts, and must be accompanied:

8-1 1. By a certificate of a health authority or a physician, a

8-2 licensed physician assistant or a registered nurse stating that he

8-3 has examined the person alleged to have been infected with or

8-4 exposed to a communicable disease or has investigated the

8-5 circumstances of potential infection or exposure regarding the

8-6 person alleged to have been infected with or exposed to a

8-7 communicable disease and has concluded that the person has

8-8 been infected with or exposed to a communicable disease, and that

8-9 because of the risks of that disease the person is likely to be an

8-10 immediate threat to the health of the public; or

8-11 2. By a sworn written statement by the health authority that:

8-12 (a) The health authority has, based upon its personal

8-13 observation of the person alleged to have been infected with or

8-14 exposed to a communicable disease, or its epidemiological

8-15 investigation of the circumstances of potential infection or

8-16 exposure regarding the person alleged to have been infected with

8-17 or exposed to a communicable disease, a reasonable factual and

8-18 medical basis to believe that the person has been infected with or

8-19 exposed to a communicable disease and, that because of the risks

8-20 of that disease the person is likely to be an immediate threat to the

8-21 health of the public; and

8-22 (b) The person alleged to have been infected with or exposed to

8-23 a communicable disease has refused to submit to voluntary

8-24 isolation or quarantine, examination, testing, or treatment known

8-25 to control or resolve the transmission of the communicable

8-26 disease.

8-27 Sec. 15. In addition to the requirements of section 14 of this

8-28 act, a petition filed pursuant to that section with the clerk of the

8-29 district court to commence proceedings for involuntary court-

8-30 ordered isolation or quarantine of a person pursuant to section 8

8-31 or 9 of this act must include a certified copy of:

8-32 1. If an application for an order of emergency isolation or

8-33 quarantine of the person was made pursuant to section 10 of this

8-34 act, the application for the emergency isolation or quarantine of

8-35 the person made to the petitioning health authority pursuant to

8-36 section 10 of this act; and

8-37 2. A petition executed by a health authority, including,

8-38 without limitation, a sworn statement that:

8-39 (a) The health authority or a physician, licensed physician

8-40 assistant or registered nurse who submitted a certificate pursuant

8-41 to section 11 of this act, if such a certificate was submitted, has

8-42 examined the person alleged to have been infected with or exposed

8-43 to a communicable disease;

8-44 (b) In the opinion of the health authority, there is a reasonable

8-45 degree of certainty that the person alleged to have been infected

9-1 with or exposed to a communicable disease is currently capable of

9-2 transmitting the disease, or is likely to become capable of

9-3 transmitting the disease in the near future;

9-4 (c) Based on either the health authority’s personal observation

9-5 of the person alleged to have been infected with or exposed to the

9-6 communicable disease or the health authority’s epidemiological

9-7 investigation of the circumstances of potential infection or

9-8 exposure regarding the person alleged to have been infected with

9-9 or exposed to the communicable disease, and on other facts set

9-10 forth in the petition, the person likely poses an immediate threat to

9-11 the health of the public; and

9-12 (d) In the opinion of the health authority, involuntary isolation

9-13 or quarantine of the person alleged to have been infected with or

9-14 exposed to a communicable disease to a public or private medical

9-15 facility, residence or other safe location is necessary to prevent the

9-16 person from immediately threatening the health of the public.

9-17 Sec. 16. 1. Immediately after he receives any petition filed

9-18 pursuant to section 14 or 15 of this act, the clerk of the district

9-19 court shall transmit the petition to the appropriate district judge,

9-20 who shall set a time, date and place for its hearing. The date must

9-21 be within 5 judicial days after the date on which the petition is

9-22 received by the clerk.

9-23 2. The court shall give notice of the petition and of the time,

9-24 date and place of any proceedings thereon to the subject of the

9-25 petition, his attorney, if known, the petitioner and the

9-26 administrative office of any public or private medical facility in

9-27 which the subject of the petition is detained.

9-28 3. The provisions of this section do not preclude a health

9-29 authority from ordering the release from isolation or quarantine

9-30 of a person before the time set pursuant to this section for the

9-31 hearing concerning the person, if appropriate.

9-32 4. After the filing of a petition pursuant to section 14 or 15 of

9-33 this act and before any court-ordered involuntary isolation or

9-34 quarantine, a health authority shall file notice with the court of

9-35 any order of the health authority issued after the petition was filed

9-36 to release the person from emergency isolation or quarantine,

9-37 upon which the court may dismiss the petition without prejudice.

9-38 Sec. 17. 1. After the filing of a petition to commence

9-39 proceedings for the involuntary court-ordered isolation or

9-40 quarantine of a person pursuant to section 14 or 15 of this act, the

9-41 court shall promptly cause two or more physicians or licensed

9-42 physician assistants, at least one of whom must always be a

9-43 physician, to either examine the person alleged to have been

9-44 infected with or exposed to a communicable disease or assess the

9-45 likelihood that the person alleged to have been infected with or

10-1 exposed to a communicable disease has been so infected or

10-2 exposed.

10-3 2. To conduct the examination or assessment of a person who

10-4 is not being detained at a public or private medical facility,

10-5 residence or other safe location under emergency isolation or

10-6 quarantine pursuant to the emergency order of a health authority

10-7 or court made pursuant to section 9 or 10 of this act, the court

10-8 may order a peace officer to take the person into protective custody

10-9 and transport him to a public or private medical facility, residence

10-10 or other safe location where he may be detained until a hearing is

10-11 held upon the petition.

10-12 3. If the person is being detained at his home or other place

10-13 of residence under an emergency order of a health authority or

10-14 court pursuant to section 9 or 10 of this act, he may be allowed to

10-15 remain in his home or other place of residence pending an

10-16 ordered assessment, examination or examinations and to return to

10-17 his home or other place of residence upon completion of the

10-18 assessment, examination or examinations if such remaining or

10-19 returning would not constitute an immediate threat to others

10-20 residing in his home or place of residence.

10-21 4. Each physician and licensed physician assistant who

10-22 examines or assesses a person pursuant to subsection 1 shall, not

10-23 later than 24 hours before the hearing set pursuant to section 16

10-24 of this act, submit to the court in writing a summary of his

10-25 findings and evaluation regarding the person alleged to have been

10-26 infected with or exposed to a communicable disease.

10-27 Sec. 18. 1. The Health Division shall establish such

10-28 evaluation teams as are necessary to aid the courts under sections

10-29 17 and 24 of this act.

10-30 2. Each team must be composed of at least two physicians, or

10-31 at least one physician and one physician assistant.

10-32 3. Fees for the evaluations must be established and collected

10-33 as set forth in section 19 of this act.

10-34 Sec. 19. 1. In counties where the examining personnel

10-35 required pursuant to section 17 of this act are not available,

10-36 proceedings for involuntary court-ordered isolation or quarantine

10-37 shall be conducted in the nearest county having such examining

10-38 personnel available in order that there be minimum delay.

10-39 2. The entire expense of proceedings for involuntary court-

10-40 ordered isolation or quarantine shall be paid by the county in

10-41 which the application is filed, except that when the person to be

10-42 admitted last resided in another county of this state the expense

10-43 must be charged to and payable by such county of residence.

11-1 Sec. 20. 1. The person alleged to have been infected with or

11-2 exposed to a communicable disease, or any relative or friend on

11-3 his behalf, is entitled to retain counsel to represent him in any

11-4 proceeding before the district court relating to involuntary court-

11-5 ordered isolation or quarantine, and if he fails or refuses to obtain

11-6 counsel, the court shall advise him and his guardian or next of

11-7 kin, if known, of the right to counsel and shall appoint counsel,

11-8 who may be the public defender or his deputy.

11-9 2. Any counsel appointed pursuant to subsection 1 must be

11-10 awarded compensation by the court for his services in an amount

11-11 determined by the court to be fair and reasonable. The

11-12 compensation must be charged against the estate of the person for

11-13 whom the counsel was appointed or, if the person is indigent,

11-14 against the county where the person alleged to have been infected

11-15 with or exposed to a communicable disease last resided.

11-16 3. The court shall, at the request of counsel representing the

11-17 person alleged to have been infected with or exposed to a

11-18 communicable disease in proceedings before the court relating to

11-19 involuntary court-ordered isolation or quarantine, grant a recess

11-20 in the proceedings for the shortest time possible, but for not more

11-21 than 5 days, to give the counsel an opportunity to prepare his case.

11-22 4. Each district attorney or his deputy shall appear and

11-23 represent the State in all involuntary court-ordered isolation or

11-24 quarantine proceedings in his county. The district attorney is

11-25 responsible for the presentation of evidence, if any, in support of

11-26 the involuntary court-ordered isolation or quarantine of a person

11-27 to a medical facility, residence or other safe location in

11-28 proceedings held pursuant to section 14 or 15 of this act.

11-29 Sec. 21. In proceedings for involuntary court-ordered

11-30 isolation or quarantine, the court shall hear and consider all

11-31 relevant testimony, including, but not limited to, the testimony of

11-32 examining personnel who participated in the evaluation of the

11-33 person alleged to have been infected with or exposed to a

11-34 communicable disease and the certificates, if any, of a health

11-35 authority or a physician, licensed physician assistant or registered

11-36 nurse accompanying the petition. The court may consider

11-37 testimony relating to any past actions of the person alleged to have

11-38 been infected with or exposed to a communicable disease if such

11-39 testimony is probative of the question of whether the person

11-40 presently has been infected with or exposed to a communicable

11-41 disease and is likely to present an immediate threat to the health of

11-42 the public.

11-43 Sec. 22. In proceedings for an involuntary court-ordered

11-44 isolation or quarantine, the person with respect to whom the

11-45 proceedings are held has the right to be present by live telephonic

12-1 conferencing or videoconferencing and may, at the discretion of

12-2 the court, testify. A person who is alleged to have been infected

12-3 with or exposed to a communicable disease does not have the right

12-4 to be physically present during the proceedings if such person, if

12-5 present in the courtroom, would likely pose an immediate threat to

12-6 the health of the judge or the staff or officers of the court.

12-7 Sec. 23. Witnesses subpoenaed under the provisions of

12-8 sections 6 to 26, inclusive, of this act shall be paid the same fees

12-9 and mileage as are paid to witnesses in the courts of the State of

12-10 Nevada.

12-11 Sec. 24. 1. If the district court finds, after proceedings for

12-12 the involuntary court-ordered isolation or quarantine of a person

12-13 to a public or private medical facility, residence or other safe

12-14 location:

12-15 (a) That there is not clear and convincing evidence that the

12-16 person with respect to whom the hearing was held has been

12-17 infected with or exposed to a communicable disease or is likely to

12-18 be an immediate threat to the health of the public, the court shall

12-19 enter its finding to that effect and the person must not be

12-20 involuntarily detained in such a facility, residence or other safe

12-21 location.

12-22 (b) That there is clear and convincing evidence that the person

12-23 with respect to whom the hearing was held has been infected with

12-24 or exposed to a communicable disease and, because of that

12-25 disease, is likely to be an immediate threat to the health of the

12-26 public, the court may order the involuntary isolation or quarantine

12-27 of the person and may order the most appropriate course of

12-28 treatment after considering the rights of the person and the desires

12-29 of the person concerning treatment. The order of the court must

12-30 be interlocutory and must not become final if, within 14 days after

12-31 the court orders the involuntary isolation or quarantine, the

12-32 person is unconditionally released by a health authority from the

12-33 medical facility, residence or other safe location.

12-34 2. An involuntary isolation or quarantine pursuant to

12-35 paragraph (b) of subsection 1 automatically expires at the end of

12-36 30 days if not terminated previously by a health authority. At the

12-37 end of the court-ordered period of isolation or quarantine, the

12-38 health authority may petition to renew the detention of the person

12-39 for additional periods not to exceed 120 days each. For each

12-40 renewal, the petition must set forth to the court specific reasons

12-41 why further isolation or quarantine is appropriate and that the

12-42 person likely poses an ongoing immediate threat to the health of

12-43 the public. If the court finds in considering a petition for renewal

12-44 that the person is noncompliant with a court-ordered measure to

12-45 control or resolve the risk of transmitting the communicable

13-1 disease, it may order the continued isolation and treatment of the

13-2 person for any period of time the court deems necessary to resolve

13-3 the immediate and ongoing risk of the person transmitting the

13-4 disease.

13-5 3. Before issuing an order for involuntary isolation or

13-6 quarantine or a renewal thereof, the court shall explore other

13-7 alternative courses of isolation, quarantine and treatment within

13-8 the least restrictive appropriate environment as suggested by the

13-9 evaluation team who evaluated the person, or other persons

13-10 professionally qualified in the field of communicable diseases,

13-11 which the court believes may be in the best interests of the person.

13-12 Sec. 25. The order for involuntary court isolation or

13-13 quarantine of any person to a medical facility, public or private,

13-14 must be accompanied by a clinical abstract, including a history of

13-15 illness, diagnosis and treatment, and the names of relatives or

13-16 correspondents.

13-17 Sec. 26. When any involuntary court isolation or quarantine

13-18 is ordered under the provisions of sections 6 to 26, inclusive, of

13-19 this act, the involuntarily isolated or quarantined person, together

13-20 with the court orders, any certificates of the health authorities,

13-21 physicians, licensed physician assistants or registered nurses, the

13-22 written summary of the evaluation team and a full and complete

13-23 transcript of the notes of the official reporter made at the

13-24 examination of such person before the court, must be delivered to

13-25 the sheriff of the appropriate county who must be ordered to:

13-26 1. Transport the person; or

13-27 2. Arrange for the person to be transported by:

13-28 (a) A system for the nonemergency medical transportation of

13-29 persons whose operation is authorized by the Transportation

13-30 Services Authority; or

13-31 (b) If medically necessary, an ambulance service that holds

13-32 a permit issued pursuant to the provisions of chapter 450B

13-33 of NRS,

13-34 to the appropriate public or private medical facility, residence or

13-35 other safe location.

13-36 Sec. 27. 1. The Board shall develop a system which

13-37 provides for syndromic reporting and active surveillance to

13-38 monitor public health in this state during major events or when

13-39 determined appropriate and necessary by a health authority.

13-40 2. The Board shall adopt regulations concerning the system it

13-41 develops pursuant to this section, including, without limitation:

13-42 (a) The manner in which and situations during which the

13-43 system actively gathers information;

14-1 (b) The persons who are required to report information to the

14-2 system; and

14-3 (c) The procedures for reporting required information to the

14-4 system.

14-5 Sec. 28. NRS 441A.010 is hereby amended to read as follows:

14-6 441A.010 As used in this chapter, unless the context otherwise

14-7 requires, the words and terms defined in NRS 441A.020 to

14-8 441A.110, inclusive, and sections 4 and 5 of this act have the

14-9 meanings ascribed to them in those sections.

14-10 Sec. 29. NRS 441A.120 is hereby amended to read as follows:

14-11 441A.120 The Board shall adopt regulations governing the

14-12 control of communicable diseases in this state, including regulations

14-13 specifically relating to the control of such diseases in educational,

14-14 medical and correctional institutions. The regulations must specify:

14-15 1. The diseases which are known to be communicable.

14-16 2. The communicable diseases which are known to be sexually

14-17 transmitted.

14-18 3. The procedures for investigating and reporting cases or

14-19 suspected cases of communicable diseases, including the time

14-20 within which these actions must be taken.

14-21 4. For each communicable disease, the procedures for testing,

14-22 treating, isolating and quarantining a person or group of persons

14-23 who [has or is] have been exposed to or have or are suspected of

14-24 having the disease.

14-25 Sec. 30. NRS 441A.160 is hereby amended to read as follows:

14-26 441A.160 1. A health authority who knows, suspects or is

14-27 informed of the existence within his jurisdiction of any

14-28 communicable disease shall immediately investigate the matter and

14-29 all circumstances connected with it, and shall take such measures for

14-30 the prevention, suppression and control of the disease as are

14-31 required by the regulations of the Board or a local board of health.

14-32 2. A health authority may:

14-33 (a) Enter private property at reasonable hours to investigate any

14-34 case or suspected case of a communicable disease.

14-35 (b) Order any person whom he reasonably suspects has a

14-36 communicable disease in an infectious state to submit to any

14-37 medical examination or test which he believes is necessary to verify

14-38 the presence of the disease. The order must be in writing and specify

14-39 the name of the person to be examined and the time and place of the

14-40 examination and testing, and may include such terms and conditions

14-41 as the health authority believes are necessary to protect the public

14-42 health.

14-43 (c) Except as otherwise provided in NRS 441A.210, issue an

14-44 order requiring the isolation, quarantine or treatment of any person

14-45 or group of persons if he believes that such action is necessary to

15-1 protect the public health. The order must be in writing and specify

15-2 the person or group of persons to be isolated[,] or quarantined, the

15-3 time during which the order is effective, the place of isolation or

15-4 quarantine and other terms and conditions which the health authority

15-5 believes are necessary to protect the public health, except that no

15-6 isolation or quarantine may take place if the health authority

15-7 determines that such action may endanger the life of [the person .] a

15-8 person who is isolated or quarantined.

15-9 (d) Each order issued pursuant to this section must be served

15-10 upon each person named in the order by delivering a copy to him.

15-11 3. If a health authority issues an order to isolate or

15-12 quarantine a person with a communicable or infectious disease in

15-13 a medical facility, the health authority must isolate or quarantine

15-14 the person in the manner set forth in sections 6 to 26, inclusive, of

15-15 this act.

15-16 Sec. 31. NRS 3.223 is hereby amended to read as follows:

15-17 3.223 1. Except if the child involved is subject to the

15-18 jurisdiction of an Indian tribe pursuant to the Indian Child Welfare

15-19 Act of 1978 , [(]25 U.S.C. §§ 1901 et seq. , [),] in each judicial

15-20 district in which it is established, the family court has original,

15-21 exclusive jurisdiction in any proceeding:

15-22 (a) Brought pursuant to chapter 31A, 62, 123, 125, 125A, 125B,

15-23 125C, 126, 127, 128, 129, 130, 159, 425 or 432B of NRS, except to

15-24 the extent that a specific statute authorizes the use of any other

15-25 judicial or administrative procedure to facilitate the collection of an

15-26 obligation for support.

15-27 (b) Brought pursuant to NRS 442.255 and 442.2555 to request

15-28 the court to issue an order authorizing an abortion.

15-29 (c) For judicial approval of the marriage of a minor.

15-30 (d) Otherwise within the jurisdiction of the juvenile court.

15-31 (e) To establish the date of birth, place of birth or parentage of a

15-32 minor.

15-33 (f) To change the name of a minor.

15-34 (g) For a judicial declaration of the sanity of a minor.

15-35 (h) To approve the withholding or withdrawal of life-sustaining

15-36 procedures from a person as authorized by law.

15-37 (i) Brought pursuant to NRS 433A.200 to 433A.330, inclusive,

15-38 for an involuntary court-ordered admission to a mental health

15-39 facility.

15-40 (j) Brought pursuant to sections 6 to 26, inclusive, of this act

15-41 for an involuntary court-ordered isolation or quarantine.

15-42 2. The family court, where established, and the justices’ court

15-43 have concurrent jurisdiction over actions for the issuance of a

15-44 temporary or extended order for protection against domestic

15-45 violence.

16-1 3. The family court, where established, and the district court,

16-2 have concurrent jurisdiction over any action for damages brought

16-3 pursuant to NRS 41.134 by a person who suffered injury as the

16-4 proximate result of an act that constitutes domestic violence.

16-5 Sec. 32. This act becomes effective on July 1, 2003.

16-6 H