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uthorized representative or investigator of a state licensing board during the course of any investigation authorized by law.
The records must be made available at a place within the depository convenient for physical inspection, and inspection must be permitted at all reasonable office hours and for a reasonable length of time. If the records are located outside this State, the provider shall make any records requested pursuant to this section available in this State for inspection within 10 working days after the request.
2. Except as otherwise provided in subsection 3, the provider of health care shall also furnish a copy of the records to each person described in subsection 1 who requests it and pays the actual cost of postage, if any, the costs of making the copy, not to exceed 60 cents per page for photocopies and a reasonable cost for copies of X-ray photographs and other health care records produced by similar processes. No administrative fee or additional service fee of any kind may be charged for furnishing such a copy.
3. The provider of health care shall also furnish a copy of any records that are necessary to support a claim or appeal under any provision of the Social Security Act, 42 U.S.C. §§ 301 et seq., or under any federal or state financial needs-based benefit program, without charge, to a patient, or a representative with written authorization from the patient, who requests it, if the request is accompanied by documentation of the claim or appeal. A copying fee, not to exceed 60 cents per page for photocopies and a reasonable cost for copies of X-ray photographs and other health care records produced by similar processes, may be charged by the provider of health care for furnishing a second copy of the records to support the same claim or appeal. No administrative fee or additional service fee of any kind may be charged for furnishing such a copy. The provider of health care shall furnish the copy of the records requested pursuant to this subsection within 30 days after the date of receipt of the request, and the provider of health care shall not deny the furnishing of a copy of the records pursuant to this subsection solely because the patient is unable to pay the fees established in this subsection.
4. Each person who owns or operates an ambulance in this State shall make his records regarding a sick or injured patient available for physical inspection by:
(a) The patient or a representative with written authorization from the patient;
(b) The personal representative of the estate of a deceased patient;
(c) Any trustee of a living trust created by a deceased patient;
(d) The parent or guardian of a deceased patient who died before reaching the age of majority; or
(e) Any authorized representative or investigator of a state licensing board during the course of any investigation authorized by law.
The records must be made available at a place within the depository convenient for physical inspection, and inspection must be permitted at all reasonable office hours and for a reasonable length of time. The person who owns or operates an ambulance shall also furnish a copy of the records to each person described in this subsection who requests it and pays the actual cost of postage, if any, and the costs of making the copy, not to exceed 60 cents per page for photocopies. No administrative fee or additional service fee of any kind may be charged for furnishing a copy of the records.
5. Records made available to a representative or investigator must not be used at any public hearing unless:
(a) The patient named in the records has consented in writing to their use; or
(b) Appropriate procedures are utilized to protect the identity of the patient from public disclosure.
6. Subsection 5 does not prohibit:
(a) A state licensing board from providing to a provider of health care or owner or operator of an ambulance against whom a complaint or written allegation has been filed, or to his attorney, information on the identity of a patient whose records may be used in a public hearing relating to the complaint or allegation, but the provider of health care or owner or operator of an ambulance and his attorney shall keep the information confidential.
(b) The Attorney General from using health care records in the course of a civil or criminal action against the patient or provider of health care.
7. A provider of health care or owner or operator of an ambulance, his agents and employees are immune from any civil action for any disclosures made in accordance with the provisions of this section or any consequential damages.
8. For the purposes of this section:
(a) “Guardian” means a person who has qualified as the guardian of a minor pursuant to testamentary or judicial appointment, but does not include a guardian ad litem.
(b) “Living trust” means an inter vivos trust created by a natural person:
(1) Which was revocable by the person during the lifetime of the person; and
(2) Who was one of the beneficiaries of the trust during the lifetime of the person.
(c) “Parent” means a natural or adoptive parent whose parental rights have not been terminated.
(d) “Personal representative” has the meaning ascribed to it in NRS 132.265.
(Added to NRS by 1977, 1313; A 1985, 2246; 1987, 728, 1040; 1989, 2049; 1991, 1055, 1947; 1993, 781; 1995, 1879; 1999, 78; 2001, 829; 2003, 1331; 2005, 397)
NRS 629.065 Health care records relating to test of blood, breath or urine: Availability to district attorney and agencies of law enforcement; use as evidence; immunity of certain persons from civil action for disclosure.
1. Each provider of health care shall, upon request, make available to a law enforcement agent or district attorney the health care records of a patient which relate to a test of his blood, breath or urine if:
(a) The patient is suspected of having violated NRS 484.379, 484.3795, 484.37955, subsection 2 of NRS 488.400, NRS 488.410, 488.420 or 488.425; and
(b) The records would aid in the related investigation.
To the extent possible, the provider of health care shall limit the inspection to the portions of the records which pertain to the presence of alcohol or a controlled substance, chemical, poison, organic solvent or another prohibited substance in the blood, breath or urine of the patient.
2. The records must be made available at a place within the depository convenient for physical inspection. Inspection must be permitted at all reasonable office hours and for a reasonable length of time. The provider of health care shall also furnish a copy of the records to each law enforcement agent or district attorney described in subsection 1 who requests the copy and pays the costs of reproducing the copy.
3. Records made available pursuant to this section may be presented as evidence during a related administrative or criminal proceeding against the patient.
4. A provider of health care and his agents and employees are immune from any civil action for any disclosures made in accordance with the provisions of this section or any consequential damages.
5. As used in this section, “prohibited substance” has the meaning ascribed to it in NRS 484.1245.
(Added to NRS by 1989, 182; A 1997, 334; 1999, 3436; 2005, 171)
NRS 629.068 Provider of health care to provide Department of Corrections with health care records of offender; authorized use of health care records of offender; immunity from civil liability.
1. A provider of health care shall, upon request of the Director of the Department of Corrections or his designee, provide the Department of Corrections with a complete copy of the health care records of an offender confined at the state prison.
2. Records provided to the Department of Corrections must not be used at any public hearing unless:
(a) The offender named in the records has conse
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