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.

 

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; prohibiting a health authority from requiring a person to be involuntarily treated without a court order requiring the person to submit to treatment; 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.

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

2-2  station when necessary[.] for the isolation or quarantine of a

2-3  person or a group of persons.

2-4  3.  Restrain, quarantine and disinfect any person or group of

2-5  persons sick with or exposed to any contagious or infectious disease

2-6  that is dangerous to the public health.

2-7  4.  Appoint quarantine officers when necessary to enforce a

2-8  quarantine, shall provide whatever medicines, disinfectants and

2-9  provisions which may be required, and shall arrange for the payment

2-10  of all debts or charges so incurred from any funds available, but

2-11  each patient shall, if he is able, pay for his food, medicine, clothes

2-12  and medical attendance.

2-13      5.  Subject to the prior review and approval of the board of

2-14  county commissioners and except as otherwise provided in NRS

2-15  576.128, adopt a schedule of reasonable fees to be collected for

2-16  issuing or renewing any health permit or license required to be

2-17  obtained from the board pursuant to a law of this state or an

2-18  ordinance adopted by any political subdivision of this state. Such

2-19  fees must be for the sole purpose of defraying the costs and

2-20  expenses of the procedures for issuing licenses and permits, and

2-21  investigations related thereto, and not for the purposes of general

2-22  revenue.

2-23      Sec. 2.  NRS 439.470 is hereby amended to read as follows:

2-24      439.470  The city board of health may:

2-25      1.  Abate nuisances in accordance with law.

2-26      2.  Establish a temporary isolation hospital or quarantine station

2-27  when an emergency demands[.] the isolation or quarantine of a

2-28  person or a group of persons.

2-29      3.  Restrain, quarantine and disinfect any person or group of

2-30  persons sick with or exposed to any contagious or infectious disease

2-31  which is dangerous to the public health.

2-32      4.  Appoint quarantine officers when necessary to enforce a

2-33  quarantine, and shall provide whatever medicines, disinfectants and

2-34  provisions which may be required. The city council shall pay all

2-35  debts or charges so incurred , [;] but each patient shall, if able, pay

2-36  for his food, medicine, clothes and medical attendance.

2-37      5.  Subject to the prior review and approval of the governing

2-38  body of the city and except as otherwise provided in NRS 576.128,

2-39  adopt a schedule of reasonable fees to be collected for issuing or

2-40  renewing any health permit or license required to be obtained from

2-41  such board pursuant to state law or an ordinance adopted by any

2-42  political subdivision. Such fees must be for the sole purpose of

2-43  defraying the costs and expenses of the procedures for issuing

2-44  licenses and permits, and investigations related thereto, and not for

2-45  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.  1.  If a health authority isolates, quarantines or

3-28  treats a person or group of persons infected with, exposed to, or

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

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

3-31  isolate, quarantine or treat the person or group of persons in the

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

3-33      2.  A health authority shall provide each person whom it

3-34  isolates or quarantines pursuant to sections 6 to 26, inclusive, of

3-35  this act with a document informing the person of his rights. The

3-36  Board shall adopt regulations:

3-37      (a) Setting forth the rights of a person who is isolated or

3-38  quarantined that must be included in the document provided

3-39  pursuant to this subsection; and

3-40      (b) Specifying the time and manner in which the document

3-41  must be provided pursuant to this subsection.

 

 

 

4-1  Sec. 7.5.  1.  A person who is isolated or quarantined

4-2  pursuant to sections 6 to 26, inclusive, of this act has the right:

4-3  (a) To make a reasonable number of completed telephone calls

4-4  from the place where he is isolated or quarantined as soon as

4-5  reasonably possible after his isolation or quarantine; and

4-6  (b) To possess and use a cellular phone or any other similar

4-7  means of communication to make and receive calls in the place

4-8  where he is isolated or quarantined.

4-9  2.  If a person who is isolated or quarantined pursuant to

4-10  sections 6 to 26, inclusive, of this act is unconscious or otherwise

4-11  unable to communicate because of mental or physical incapacity,

4-12  the health authority that isolated or quarantined the person must

4-13  notify the spouse or legal guardian of the person by telephone and

4-14  certified mail. If a person described in this subsection is isolated or

4-15  quarantined in a medical facility and the health authority did not

4-16  provide the notice required by this subsection, the medical facility

4-17  must provide the notice. If the case of a person described in this

4-18  subsection is before a court and the health authority, and medical

4-19  facility, if any, did not provide the notice required by this

4-20  subsection, the court must provide the notice.

4-21      Sec. 7.7.  A person who is isolated or quarantined pursuant to

4-22  sections 6 to 26, inclusive, of this act has the right to refuse

4-23  treatment and may not be required to submit to involuntary

4-24  treatment unless a court issues an order requiring the person to

4-25  submit to treatment.

4-26      Sec. 8.  1.  If a person infected with or exposed to a

4-27  communicable disease is voluntarily isolated or quarantined in a

4-28  public or private medical facility, the facility shall not change the

4-29  status of the person to an emergency isolation or quarantine

4-30  unless, before the change in status is made:

4-31      (a) The facility provides:

4-32          (1) An application to a health authority for an emergency

4-33  isolation or quarantine pursuant to section 10 of this act; and

4-34          (2) The certificate of a health authority, physician, licensed

4-35  physician assistant or registered nurse to a health authority

4-36  pursuant to section 11 of this act; or

4-37      (b) The facility receives an order for isolation or quarantine

4-38  issued by a health authority.

4-39      2.  A person whose status is changed to an emergency

4-40  isolation or quarantine pursuant to subsection 1:

4-41      (a) Must not be detained in excess of 48 hours after the change

4-42  in status is made, unless within that period a written petition is

4-43  filed by a health authority with the clerk of the district court

4-44  pursuant to section 14 of this act; and

5-1  (b) May, immediately after his status is changed, seek an

5-2  injunction or other appropriate process in district court

5-3  challenging his detention.

5-4  3.  If the period specified in subsection 2 expires on a day on

5-5  which the office of the clerk of the district court is not open, the

5-6  written petition must be filed on or before the close of the business

5-7  day next following the expiration of that period.

5-8  4.  Nothing in this section limits the actions that a public or

5-9  private medical facility may take to prevent or limit the

5-10  transmission of communicable diseases within the medical facility,

5-11  including, without limitation, practices for the control of

5-12  infections.

5-13      Sec. 9.  1.  Any person or group of persons alleged to have

5-14  been infected with or exposed to a communicable disease may be

5-15  detained in a public or private medical facility, a residence or

5-16  other safe location under emergency isolation or quarantine for

5-17  testing, examination, observation and the provision of or

5-18  arrangement for the provision of consensual medical treatment in

5-19  the manner set forth in sections 6 to 26, inclusive, of this act, and

5-20  subject to the provisions of subsection 2:

5-21      (a) Upon application to a health authority pursuant to section

5-22  10 of this act;

5-23      (b) Upon order of a health authority; or

5-24      (c) Upon voluntary consent of the person, parent of a minor

5-25  person or legal guardian of the person.

5-26      2.  Except as otherwise provided in subsection 3, 4 or 5, a

5-27  person voluntarily or involuntarily isolated or quarantined under

5-28  subsection 1 must be released within 72 hours, including

5-29  weekends and holidays, from the time of his admission to a

5-30  medical facility or isolation or quarantine in a residence or other

5-31  safe location, unless within that period:

5-32      (a) The additional voluntary consent of the person, the parent

5-33  of a minor person or a legal guardian of the person is obtained;

5-34      (b) A written petition for an involuntary court-ordered

5-35  isolation or quarantine is filed with the clerk of the district court

5-36  pursuant to section 14 of this act, including, without limitation,

5-37  the documents required pursuant to section 15 of this act; or

5-38      (c) The status of the person is changed to a voluntary isolation

5-39  or quarantine.

5-40      3.  A person who is involuntarily isolated or quarantined

5-41  under subsection 1 may, immediately after he is isolated or

5-42  quarantined, seek an injunction or other appropriate process in

5-43  district court challenging his detention.

5-44      4.  If the period specified in subsection 2 expires on a day on

5-45  which the office of the clerk of the district court is not open, the

6-1  written petition must be filed on or before the close of the business

6-2  day next following the expiration of that period.

6-3  5.  During a state of emergency or declaration of disaster

6-4  regarding public health proclaimed by the Governor or the

6-5  Legislature pursuant to NRS 414.070, a health authority may,

6-6  before the expiration of the period of 72 hours set forth in

6-7  subsection 2, petition, with affidavits supporting its request, a

6-8  district court for an order finding that a reasonably foreseeable

6-9  immediate threat to the health of the public requires the 72-hour

6-10  period of time to be extended for no longer than the court deems

6-11  necessary for available governmental resources to investigate, file

6-12  and prosecute the relevant written petitions for involuntary court-

6-13  ordered isolation or quarantine pursuant to sections 6 to 26,

6-14  inclusive, of this act.

6-15      Sec. 10.  1.  An application to a health authority for an order

6-16  of emergency isolation or quarantine of a person or a group of

6-17  persons alleged to have been infected with or exposed to a

6-18  communicable disease may only be made by another health

6-19  authority, a physician, a licensed physician assistant, a registered

6-20  nurse or a medical facility by submitting the certificate required by

6-21  section 11 of this act. Within its jurisdiction, upon application or

6-22  on its own, subject to the provisions of sections 6 to 26, inclusive, a

6-23  health authority may:

6-24      (a) Pursuant to its own order and without a warrant:

6-25          (1) Take a person or group of persons alleged to and

6-26  reasonably believed by the health authority to have been infected

6-27  with or exposed to a communicable disease into custody in any

6-28  safe location under emergency isolation or quarantine for testing,

6-29  examination, observation and the provision of or arrangement for

6-30  the provision of consensual medical treatment; and

6-31          (2) Transport the person or group of persons alleged to and

6-32  reasonably believed by the health authority to have been infected

6-33  with or exposed to a communicable disease to a public or private

6-34  medical facility, a residence or other safe location for that

6-35  purpose, or arrange for the person or group of persons to be

6-36  transported for that purpose by:

6-37             (I) A local law enforcement agency;

6-38             (II) A system for the nonemergency medical

6-39  transportation of persons whose operation is authorized by the

6-40  Transportation Services Authority; or

6-41             (III) If medically necessary, an ambulance service that

6-42  holds a permit issued pursuant to the provisions of chapter 450B

6-43  of NRS,

6-44  only if the health authority acting in good faith has, based upon

6-45  personal observation, its own epidemiological investigation or an

7-1  epidemiological investigation by another health authority, a

7-2  physician, a licensed physician assistant or a registered nurse as

7-3  stated in a certificate submitted pursuant to section 11 of this act,

7-4  if such a certificate was submitted, of the person or group of

7-5  persons alleged to have been infected with or exposed to a

7-6  communicable disease, a reasonable factual and medical basis to

7-7  believe that the person or group of persons has been infected with

7-8  or exposed to a communicable disease, and that because of the

7-9  risks of that disease the person or group of persons is likely to be

7-10  an immediate threat to the health of members of the public who

7-11  have not been infected with or exposed to the communicable

7-12  disease.

7-13      (b) Petition a district court for an emergency order requiring:

7-14          (1) Any health authority or peace officer to take a person or

7-15  group of persons alleged to have been infected with or exposed to

7-16  a communicable disease into custody to allow the health authority

7-17  to investigate, file and prosecute a petition for the involuntary

7-18  court-ordered isolation or quarantine of the person or group of

7-19  persons alleged to have been infected with or exposed to a

7-20  communicable disease in the manner set forth in sections 6 to 26,

7-21  inclusive, of this act; and

7-22          (2) Any agency, system or service described in

7-23  subparagraph (2) of paragraph (a) to transport, in accordance

7-24  with such court order, the person or group of persons alleged to

7-25  have been infected with or exposed to a communicable disease to a

7-26  public or private medical facility, a residence or other safe

7-27  location for that purpose.

7-28      2.  The district court may issue an emergency order for

7-29  isolation or quarantine pursuant to paragraph (b) of subsection 1:

7-30      (a) Only for the time deemed necessary by the court to allow a

7-31  health authority to investigate, file and prosecute each petition for

7-32  involuntary court-ordered isolation or quarantine pursuant to

7-33  sections 6 to 26, inclusive, of this act; and

7-34      (b) Only if it is satisfied that there is probable cause to believe

7-35  that the person or group of persons alleged to have been infected

7-36  with or exposed to a communicable disease has been infected with

7-37  or exposed to a communicable disease, and that because of the

7-38  risks of that disease the person or group of persons is likely to be

7-39  an immediate threat to the health of the public.

7-40      Sec. 11.  A health authority shall not accept an application

7-41  for an emergency isolation or quarantine under section 10 of this

7-42  act unless that application is accompanied by a certificate of

7-43  another health authority or a physician, licensed physician

7-44  assistant or registered nurse stating that he has examined the

7-45  person or group of persons alleged to have been infected with or

8-1  exposed to a communicable disease or has investigated the

8-2  circumstances of potential infection or exposure regarding the

8-3  person or group of persons alleged to have been infected with or

8-4  exposed to a communicable disease and that he has concluded that

8-5  the person or group of persons has been infected with or exposed

8-6  to a communicable disease, and that because of the risks of that

8-7  disease the person or group of persons is likely to be an immediate

8-8  threat to the health of the public. The certificate required by this

8-9  section may be obtained from a physician, licensed physician

8-10  assistant or registered nurse who is employed by the public or

8-11  private medical facility in which the person or group of persons is

8-12  admitted or detained and from the facility from which the

8-13  application is made.

8-14      Sec. 12.  1.  No application or certificate authorized under

8-15  section 10 or 11 of this act may be considered if made by a person

8-16  on behalf of a medical facility or by a health authority, physician,

8-17  licensed physician assistant or registered nurse who is related by

8-18  blood or marriage to the person alleged to have been infected with

8-19  or exposed to a communicable disease, or who is financially

8-20  interested, in a manner that would be prohibited pursuant to NRS

8-21  439B.425 if the application or certificate were deemed a referral,

8-22  in a medical facility in which the person alleged to have been

8-23  infected with or exposed to a communicable disease is to be

8-24  detained.

8-25      2.  No application or certificate of any health authority or

8-26  person authorized under section 10 or 11 of this act may be

8-27  considered unless it is based on personal observation, examination

8-28  or epidemiological investigation of the person or group of persons

8-29  alleged to have been infected with or exposed to a communicable

8-30  disease made by such health authority or person not more than 72

8-31  hours before the making of the application or certificate. The

8-32  certificate must set forth in detail the facts and reasons on which

8-33  the health authority or person who submitted the certificate

8-34  pursuant to section 11 of this act based his opinions and

8-35  conclusions.

8-36      Sec. 13.  In addition to any notice required pursuant to

8-37  section 7.5 of this act, within 24 hours after a person’s involuntary

8-38  admission into a public or private medical facility under

8-39  emergency isolation or quarantine, the administrative officer of

8-40  the public or private medical facility shall reasonably attempt to

8-41  ascertain the identification and location of the spouse or legal

8-42  guardian of that person and, if reasonably possible, mail notice of

8-43  the admission by certified mail to the spouse or legal guardian of

8-44  that person.

9-1  Sec. 14.  A proceeding for an involuntary court-ordered

9-2  isolation or quarantine of any person in this state may be

9-3  commenced by a health authority filing a petition with the clerk of

9-4  the district court of the county where the person is to be isolated or

9-5  quarantined. The petition may be pled in the alternative for both

9-6  isolation and quarantine, if required by developing or changing

9-7  facts, and must be accompanied:

9-8  1.  By a certificate of a health authority or a physician, a

9-9  licensed physician assistant or a registered nurse stating that he

9-10  has examined the person alleged to have been infected with or

9-11  exposed to a communicable disease or has investigated the

9-12  circumstances of potential infection or exposure regarding the

9-13  person alleged to have been infected with or exposed to a

9-14  communicable disease and has concluded that the person has

9-15  been infected with or exposed to a communicable disease, and that

9-16  because of the risks of that disease the person is likely to be an

9-17  immediate threat to the health of the public; or

9-18      2.  By a sworn written statement by the health authority that:

9-19      (a) The health authority has, based upon its personal

9-20  observation of the person alleged to have been infected with or

9-21  exposed to a communicable disease, or its epidemiological

9-22  investigation of the circumstances of potential infection or

9-23  exposure regarding the person alleged to have been infected with

9-24  or exposed to a communicable disease, a reasonable factual and

9-25  medical basis to believe that the person has been infected with or

9-26  exposed to a communicable disease and, that because of the risks

9-27  of that disease the person is likely to be an immediate threat to the

9-28  health of the public; and

9-29      (b) The person alleged to have been infected with or exposed to

9-30  a communicable disease has refused to submit to voluntary

9-31  isolation or quarantine, examination, testing, or treatment known

9-32  to control or resolve the transmission of the communicable

9-33  disease.

9-34      Sec. 15.  In addition to the requirements of section 14 of this

9-35  act, a petition filed pursuant to that section with the clerk of the

9-36  district court to commence proceedings for involuntary court-

9-37  ordered isolation or quarantine of a person pursuant to section 8

9-38  or 9 of this act must include a certified copy of:

9-39      1.  If an application for an order of emergency isolation or

9-40  quarantine of the person was made pursuant to section 10 of this

9-41  act, the application for the emergency isolation or quarantine of

9-42  the person made to the petitioning health authority pursuant to

9-43  section 10 of this act; and

9-44      2.  A petition executed by a health authority, including,

9-45  without limitation, a sworn statement that:

10-1      (a) The health authority or a physician, licensed physician

10-2  assistant or registered nurse who submitted a certificate pursuant

10-3  to section 11 of this act, if such a certificate was submitted, has

10-4  examined the person alleged to have been infected with or exposed

10-5  to a communicable disease;

10-6      (b) In the opinion of the health authority, there is a reasonable

10-7  degree of certainty that the person alleged to have been infected

10-8  with or exposed to a communicable disease is currently capable of

10-9  transmitting the disease, or is likely to become capable of

10-10  transmitting the disease in the near future;

10-11     (c) Based on either the health authority’s personal observation

10-12  of the person alleged to have been infected with or exposed to the

10-13  communicable disease or the health authority’s epidemiological

10-14  investigation of the circumstances of potential infection or

10-15  exposure regarding the person alleged to have been infected with

10-16  or exposed to the communicable disease, and on other facts set

10-17  forth in the petition, the person likely poses an immediate threat to

10-18  the health of the public; and

10-19     (d) In the opinion of the health authority, involuntary isolation

10-20  or quarantine of the person alleged to have been infected with or

10-21  exposed to a communicable disease to a public or private medical

10-22  facility, residence or other safe location is necessary to prevent the

10-23  person from immediately threatening the health of the public.

10-24     Sec. 16.  1.  Immediately after he receives any petition filed

10-25  pursuant to section 14 or 15 of this act, the clerk of the district

10-26  court shall transmit the petition to the appropriate district judge,

10-27  who shall set a time, date and place for its hearing. The date must

10-28  be within 5 judicial days after the date on which the petition is

10-29  received by the clerk.

10-30     2.  The court shall give notice of the petition and of the time,

10-31  date and place of any proceedings thereon to the subject of the

10-32  petition, his attorney, if known, the petitioner and the

10-33  administrative office of any public or private medical facility in

10-34  which the subject of the petition is detained.

10-35     3.  The provisions of this section do not preclude a health

10-36  authority from ordering the release from isolation or quarantine

10-37  of a person before the time set pursuant to this section for the

10-38  hearing concerning the person, if appropriate.

10-39     4.  After the filing of a petition pursuant to section 14 or 15 of

10-40  this act and before any court-ordered involuntary isolation or

10-41  quarantine, a health authority shall file notice with the court of

10-42  any order of the health authority issued after the petition was filed

10-43  to release the person from emergency isolation or quarantine,

10-44  upon which the court may dismiss the petition without prejudice.

11-1      Sec. 17.  1.  After the filing of a petition to commence

11-2  proceedings for the involuntary court-ordered isolation or

11-3  quarantine of a person pursuant to section 14 or 15 of this act, the

11-4  court shall promptly cause two or more physicians or licensed

11-5  physician assistants, at least one of whom must always be a

11-6  physician, to either examine the person alleged to have been

11-7  infected with or exposed to a communicable disease or assess the

11-8  likelihood that the person alleged to have been infected with or

11-9  exposed to a communicable disease has been so infected or

11-10  exposed.

11-11     2.  To conduct the examination or assessment of a person who

11-12  is not being detained at a public or private medical facility,

11-13  residence or other safe location under emergency isolation or

11-14  quarantine pursuant to the emergency order of a health authority

11-15  or court made pursuant to section 9 or 10 of this act, the court

11-16  may order a peace officer to take the person into protective custody

11-17  and transport him to a public or private medical facility, residence

11-18  or other safe location where he may be detained until a hearing is

11-19  held upon the petition.

11-20     3.  If the person is being detained at his home or other place

11-21  of residence under an emergency order of a health authority or

11-22  court pursuant to section 9 or 10 of this act, he may be allowed to

11-23  remain in his home or other place of residence pending an

11-24  ordered assessment, examination or examinations and to return to

11-25  his home or other place of residence upon completion of the

11-26  assessment, examination or examinations if such remaining or

11-27  returning would not constitute an immediate threat to others

11-28  residing in his home or place of residence.

11-29     4.  Each physician and licensed physician assistant who

11-30  examines or assesses a person pursuant to subsection 1 shall, not

11-31  later than 24 hours before the hearing set pursuant to section 16

11-32  of this act, submit to the court in writing a summary of his

11-33  findings and evaluation regarding the person alleged to have been

11-34  infected with or exposed to a communicable disease.

11-35     Sec. 18.  1.  The Health Division shall establish such

11-36  evaluation teams as are necessary to aid the courts under sections

11-37  17 and 24 of this act.

11-38     2.  Each team must be composed of at least two physicians, or

11-39  at least one physician and one physician assistant.

11-40     3.  Fees for the evaluations must be established and collected

11-41  as set forth in section 19 of this act.

11-42     Sec. 19.  1.  In counties where the examining personnel

11-43  required pursuant to section 17 of this act are not available,

11-44  proceedings for involuntary court-ordered isolation or quarantine

12-1  shall be conducted in the nearest county having such examining

12-2  personnel available in order that there be minimum delay.

12-3      2.  The entire expense of proceedings for involuntary court-

12-4  ordered isolation or quarantine shall be paid by the county in

12-5  which the application is filed.

12-6      Sec. 20.  1.  The person alleged to have been infected with or

12-7  exposed to a communicable disease, or any relative or friend on

12-8  his behalf, is entitled to retain counsel to represent him in any

12-9  proceeding before the district court relating to involuntary court-

12-10  ordered isolation or quarantine, and if he fails or refuses to obtain

12-11  counsel, the court shall advise him and his guardian or next of

12-12  kin, if known, of the right to counsel and shall appoint counsel,

12-13  who may be the public defender or his deputy.

12-14     2.  Any counsel appointed pursuant to subsection 1 must be

12-15  awarded compensation by the court for his services in an amount

12-16  determined by the court to be fair and reasonable. Except as

12-17  otherwise provided in this subsection, the compensation must be

12-18  charged against the estate of the person for whom the counsel was

12-19  appointed or, if the person is indigent, against the county in which

12-20  the application for involuntary court-ordered isolation or

12-21  quarantine was filed. In any proceeding before the district court

12-22  relating to involuntary court-ordered isolation or quarantine, if

12-23  the person for whom counsel was appointed is challenging his

12-24  isolation or quarantine or any condition of his isolation or

12-25  quarantine and the person succeeds in his challenge, the

12-26  compensation must be charged against the county in which the

12-27  application for involuntary court-ordered isolation or quarantine

12-28  was filed.

12-29     3.  The court shall, at the request of counsel representing the

12-30  person alleged to have been infected with or exposed to a

12-31  communicable disease in proceedings before the court relating to

12-32  involuntary court-ordered isolation or quarantine, grant a recess

12-33  in the proceedings for the shortest time possible, but for not more

12-34  than 5 days, to give the counsel an opportunity to prepare his case.

12-35     4.  Each district attorney or his deputy shall appear and

12-36  represent the State in all involuntary court-ordered isolation or

12-37  quarantine proceedings in his county. The district attorney is

12-38  responsible for the presentation of evidence, if any, in support of

12-39  the involuntary court-ordered isolation or quarantine of a person

12-40  to a medical facility, residence or other safe location in

12-41  proceedings held pursuant to section 14 or 15 of this act.

12-42     Sec. 21.  In proceedings for involuntary court-ordered

12-43  isolation or quarantine, the court shall hear and consider all

12-44  relevant testimony, including, but not limited to, the testimony of

12-45  examining personnel who participated in the evaluation of the

13-1  person alleged to have been infected with or exposed to a

13-2  communicable disease and the certificates, if any, of a health

13-3  authority or a physician, licensed physician assistant or registered

13-4  nurse accompanying the petition.

13-5      Sec. 22.  1.  In proceedings for an involuntary court-ordered

13-6  isolation or quarantine, the person with respect to whom the

13-7  proceedings are held has the right:

13-8      (a) To be present by live telephonic conferencing or

13-9  videoconferencing; and

13-10     (b) To testify in his own behalf, to the extent that the court

13-11  determines he is able to do so without endangering the health of

13-12  others.

13-13     2.  A person who is alleged to have been infected with or

13-14  exposed to a communicable disease does not have the right to be

13-15  physically present during the proceedings if such person, if

13-16  present in the courtroom, would likely pose an immediate threat to

13-17  the health of the judge or the staff or officers of the court.

13-18     Sec. 23.  Witnesses subpoenaed under the provisions of

13-19  sections 6 to 26, inclusive, of this act shall be paid the same fees

13-20  and mileage as are paid to witnesses in the courts of the State of

13-21  Nevada.

13-22     Sec. 24.  1.  If the district court finds, after proceedings for

13-23  the involuntary court-ordered isolation or quarantine of a person

13-24  to a public or private medical facility, residence or other safe

13-25  location:

13-26     (a) That there is not clear and convincing evidence that the

13-27  person with respect to whom the hearing was held has been

13-28  infected with or exposed to a communicable disease or is likely to

13-29  be an immediate threat to the health of the public, the court shall

13-30  enter its finding to that effect and the person must not be

13-31  involuntarily detained in such a facility, residence or other safe

13-32  location.

13-33     (b) That there is clear and convincing evidence that the person

13-34  with respect to whom the hearing was held has been infected with

13-35  or exposed to a communicable disease and, because of that

13-36  disease, is likely to be an immediate threat to the health of the

13-37  public, the court may order the involuntary isolation or quarantine

13-38  of the person and may order the most appropriate course of

13-39  treatment after considering the rights of the person and the desires

13-40  of the person concerning treatment and vaccination, including,

13-41  without limitation, the tenets of the person’s religion and the

13-42  tenets of any group or organization of which the person is a

13-43  member, the rights set forth in NRS 441A.210, the rights set forth

13-44  in section 7.5 of this act, the right to counsel set forth in section 20

13-45  of this act, and the right of a person to challenge his isolation or

14-1  quarantine or any condition of his isolation or quarantine. The

14-2  order of the court must be interlocutory and must not become final

14-3  if, within 14 days after the court orders the involuntary isolation

14-4  or quarantine, the person is unconditionally released by a health

14-5  authority from the medical facility, residence or other safe

14-6  location.

14-7      2.  An involuntary isolation or quarantine pursuant to

14-8  paragraph (b) of subsection 1 automatically expires at the end of

14-9  30 days if not terminated previously by a health authority. At the

14-10  end of the court-ordered period of isolation or quarantine, the

14-11  health authority may petition to renew the detention of the person

14-12  for additional periods which each must not exceed the shorter of

14-13  120 days or either, if the person is isolated, the period of time

14-14  which the health authority expects the person will be infectious

14-15  with the communicable disease or, if the person is quarantined,

14-16  the period of time which the health authority determines is

14-17  necessary to determine whether the person has been infected with

14-18  the communicable disease. For each renewal, the petition must set

14-19  forth to the court specific reasons why further isolation or

14-20  quarantine is appropriate and that the person likely poses an

14-21  ongoing immediate threat to the health of the public. If the court

14-22  finds in considering a petition for renewal that the person is

14-23  noncompliant with a court-ordered measure to control or resolve

14-24  the risk of transmitting the communicable disease, it may order

14-25  the continued isolation and treatment of the person for any period

14-26  of time the court deems necessary to resolve the immediate and

14-27  ongoing risk of the person transmitting the disease.

14-28     3.  Before issuing an order for involuntary isolation or

14-29  quarantine or a renewal thereof, the court shall explore other

14-30  alternative courses of isolation, quarantine and treatment within

14-31  the least restrictive appropriate environment as suggested by the

14-32  evaluation team who evaluated the person, or other persons

14-33  professionally qualified in the field of communicable diseases,

14-34  which the court believes may be in the best interests of the person.

14-35     Sec. 25.  The order for involuntary court isolation or

14-36  quarantine of any person to a medical facility, public or private,

14-37  must be accompanied by a clinical abstract, including a history of

14-38  illness, diagnosis and treatment, and the names of relatives or

14-39  correspondents.

14-40     Sec. 26.  When any involuntary court isolation or quarantine

14-41  is ordered under the provisions of sections 6 to 26, inclusive, of

14-42  this act, the involuntarily isolated or quarantined person, together

14-43  with the court orders, any certificates of the health authorities,

14-44  physicians, licensed physician assistants or registered nurses, the

14-45  written summary of the evaluation team and a full and complete

15-1  transcript of the notes of the official reporter made at the

15-2  examination of such person before the court, must be delivered to

15-3  the sheriff of the appropriate county who must be ordered to:

15-4      1.  Transport the person; or

15-5      2.  Arrange for the person to be transported by:

15-6      (a) A system for the nonemergency medical transportation of

15-7  persons whose operation is authorized by the Transportation

15-8  Services Authority; or

15-9      (b) If medically necessary, an ambulance service that holds a

15-10  permit issued pursuant to the provisions of chapter 450B of

15-11  NRS,

15-12  to the appropriate public or private medical facility, residence or

15-13  other safe location.

15-14     Sec. 27.  1.  The Board shall develop a system which

15-15  provides for syndromic reporting and active surveillance to

15-16  monitor public health in this state during major events or when

15-17  determined appropriate and necessary by a health authority.

15-18     2.  The Board shall adopt regulations concerning the system it

15-19  develops pursuant to this section, including, without limitation:

15-20     (a) The manner in which and situations during which the

15-21  system actively gathers information;

15-22     (b) The persons who are required to report information to the

15-23  system; and

15-24     (c) The procedures for reporting required information to the

15-25  system.

15-26     Sec. 28.  NRS 441A.010 is hereby amended to read as follows:

15-27     441A.010  As used in this chapter, unless the context otherwise

15-28  requires, the words and terms defined in NRS 441A.020 to

15-29  441A.110, inclusive, and sections 4 and 5 of this act have the

15-30  meanings ascribed to them in those sections.

15-31     Sec. 29.  NRS 441A.120 is hereby amended to read as follows:

15-32     441A.120  The Board shall adopt regulations governing the

15-33  control of communicable diseases in this state, including regulations

15-34  specifically relating to the control of such diseases in educational,

15-35  medical and correctional institutions. The regulations must specify:

15-36     1.  The diseases which are known to be communicable.

15-37     2.  The communicable diseases which are known to be sexually

15-38  transmitted.

15-39     3.  The procedures for investigating and reporting cases or

15-40  suspected cases of communicable diseases, including the time

15-41  within which these actions must be taken.

15-42     4.  For each communicable disease, the procedures for testing,

15-43  treating, isolating and quarantining a person or group of persons

15-44  who [has or is] have been exposed to or have or are suspected of

15-45  having the disease.

16-1      5.  A method for ensuring that any testing, treatment, isolation

16-2  or quarantine of a person or a group of persons pursuant to this

16-3  chapter is carried out in the least restrictive manner or

16-4  environment that is appropriate and acceptable under current

16-5  medical and public health practices.

16-6      Sec. 30.  NRS 441A.160 is hereby amended to read as follows:

16-7      441A.160  1.  A health authority who knows, suspects or is

16-8  informed of the existence within his jurisdiction of any

16-9  communicable disease shall immediately investigate the matter and

16-10  all circumstances connected with it, and shall take such measures for

16-11  the prevention, suppression and control of the disease as are

16-12  required by the regulations of the Board or a local board of health.

16-13     2.  A health authority may:

16-14     (a) Enter private property at reasonable hours to investigate any

16-15  case or suspected case of a communicable disease.

16-16     (b) Order any person whom he reasonably suspects has a

16-17  communicable disease in an infectious state to submit to any

16-18  medical examination or test which he believes is necessary to verify

16-19  the presence of the disease. The order must be in writing and specify

16-20  the name of the person to be examined and the time and place of the

16-21  examination and testing, and may include such terms and conditions

16-22  as the health authority believes are necessary to protect the public

16-23  health.

16-24     (c) Except as otherwise provided in subsection 4 and NRS

16-25  441A.210, issue an order requiring the isolation, quarantine or

16-26  treatment of any person or group of persons if he believes that such

16-27  action is necessary to protect the public health. The order must be in

16-28  writing and specify the person or group of persons to be isolated[,]

16-29  or quarantined, the time during which the order is effective, the

16-30  place of isolation or quarantine and other terms and conditions

16-31  which the health authority believes are necessary to protect the

16-32  public health, except that no isolation or quarantine may take place

16-33  if the health authority determines that such action may endanger the

16-34  life of [the person .] a person who is isolated or quarantined.

16-35     (d) Each order issued pursuant to this section must be served

16-36  upon each person named in the order by delivering a copy to him.

16-37     3.  If a health authority issues an order to isolate or

16-38  quarantine a person with a communicable or infectious disease in

16-39  a medical facility, the health authority must isolate or quarantine

16-40  the person in the manner set forth in sections 6 to 26, inclusive, of

16-41  this act.

16-42     4.  Except as otherwise provided in NRS 441A.310 and

16-43  441A.380, a health authority may not issue an order requiring the

16-44  involuntary treatment of a person without a court order requiring

16-45  the person to submit to treatment.

17-1      Sec. 31.  NRS 3.223 is hereby amended to read as follows:

17-2      3.223  1.  Except if the child involved is subject to the

17-3  jurisdiction of an Indian tribe pursuant to the Indian Child Welfare

17-4  Act of 1978 , [(]25 U.S.C. §§ 1901 et seq. , [),] in each judicial

17-5  district in which it is established, the family court has original,

17-6  exclusive jurisdiction in any proceeding:

17-7      (a) Brought pursuant to chapter 31A, 62, 123, 125, 125A, 125B,

17-8  125C, 126, 127, 128, 129, 130, 159, 425 or 432B of NRS, except to

17-9  the extent that a specific statute authorizes the use of any other

17-10  judicial or administrative procedure to facilitate the collection of an

17-11  obligation for support.

17-12     (b) Brought pursuant to NRS 442.255 and 442.2555 to request

17-13  the court to issue an order authorizing an abortion.

17-14     (c) For judicial approval of the marriage of a minor.

17-15     (d) Otherwise within the jurisdiction of the juvenile court.

17-16     (e) To establish the date of birth, place of birth or parentage of a

17-17  minor.

17-18     (f) To change the name of a minor.

17-19     (g) For a judicial declaration of the sanity of a minor.

17-20     (h) To approve the withholding or withdrawal of life-sustaining

17-21  procedures from a person as authorized by law.

17-22     (i) Brought pursuant to NRS 433A.200 to 433A.330, inclusive,

17-23  for an involuntary court-ordered admission to a mental health

17-24  facility.

17-25     (j) Brought pursuant to sections 6 to 26, inclusive, of this act

17-26  for an involuntary court-ordered isolation or quarantine.

17-27     2.  The family court, where established, and the justices’ court

17-28  have concurrent jurisdiction over actions for the issuance of a

17-29  temporary or extended order for protection against domestic

17-30  violence.

17-31     3.  The family court, where established, and the district court,

17-32  have concurrent jurisdiction over any action for damages brought

17-33  pursuant to NRS 41.134 by a person who suffered injury as the

17-34  proximate result of an act that constitutes domestic violence.

17-35     Sec. 32.  This act becomes effective on July 1, 2003.

 

17-36  H