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Ex. DUT-NV-008 Standing duty Primary source read

Nevada Administrative Code chapter 441A (Communicable Diseases), including NAC 441A.225-441A.255 (reporting duties), 441A.280 (duty of persons to cooperate), 441A.282-441A.283 (orders of examination, isolation and quarantine), 441A.855 (emergency isolation or quarantine)

NAC Chapter 441A - Communicable Diseases (chapter page as published by the Nevada Legislature)

Nevada State Board of Health · Nevada (State)

The COVID Project

The record

Jurisdiction
Nevada
Level
State
Authority
NRS 439.200, 441A.120, 441A.160
Effective
standing regulation with 'the effect of law' (NRS 439.200(2)) throughout 2020 Q2 to 2021 Q3
End
standing (read as 2021-09-30)
In force
Standing (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Workplace rulesQuarantine and isolationStanding duty
Addressees
  • persons generally ('case, suspected case, carrier, contact or other person'); persons in charge of medical facilities, laboratories, schools and child care facilities (reporting)
Character
statutory duty
Collection
Standing duties: Nevada DUT-NV

Operative words

A case, suspected case, carrier, contact or other person shall, upon request by a health authority, promptly cooperate during: 1. An investigation of the circumstances or cause of a case, suspected case, outbreak or suspected outbreak. 2. The carrying out of measures for the prevention, suppression and control of a communicable disease, including procedures of exclusion, isolation and quarantine.

Penalty

NRS 441A.910: misdemeanor for violation of the chapter; NRS 441A.900(1)(a): injunction against refusal to 'comply with any regulation of the Board relating to the control of a communicable disease'; NRS 439.565: injunction; NRS 441A.920: $1,000 administrative fine per violation for providers, facilities and laboratories

What it required

Every person, whether a case, a contact or any 'other person,' must cooperate with the health authority's investigation of a case or outbreak and with 'the carrying out of measures for the prevention, suppression and control of a communicable disease, including procedures of exclusion, isolation and quarantine'; persons in charge of medical facilities, schools, child-care facilities, laboratories and other institutions must report cases and suspected cases; and orders under NRS 441A.160 must state their factual and medical basis and the subject's rights.

Retrieval note

NAC 441A.282: 'Any order issued by the Chief Medical Officer or a representative thereof pursuant to NRS 441A.160 must: 1. State the factual and medical basis for the order. 2. Be accompanied by written notice... of the rights established by NAC 441A.283.' The chapter's 'exclusion' procedures (of cases and contacts from schools, child-care facilities, medical facilities and food handling) are the regulatory antecedent of the employee-screening and exclusion protocols the Directives and NV OSHA guidance required of every employer. The Board used its NRS 441A.120 power in 2021 to add the NSHE student and State health-care and detention worker vaccination requirements (Exs. NV-055, NV-056, NV-070). Chapter page renders at about 92 pages.