Appendix B - Legal References

Federal Regulations Relating to Providing Protected Health Information to a Public Health Authority

The Privacy Rule (Federal Regulation §164.512) permits covered entities to disclose protected health information, without authorization, to public health authorities who are legally authorized to receive such reports for the purpose of preventing or controlling disease, injury, or disability. This would include, for example, the reporting of a disease or injury; reporting vital events, such as births or deaths; and conducting public health surveillance, investigations, or interventions. See 45 CFR 164.512(b)(1)(i).1 Covered entities who are also a public health authority may use, as well as disclose, protected health information for these public health purposes. See 45 CFR 164.512(b)(2).1

Nevada State Laws and Regulations of Interest Relating to Health in Schools and Child Care Settings

Listed here are of some of the Nevada State laws related to health in school and child care settings. This is not a complete list, nor is it intended to be. Should you have any questions, consult an appropriate legal authority on the matter with regards to your state or local laws, or consult your local health department.

Nevada State Laws and Regulations of Interest Relating to Health in Schools and Child Care Settings
Code Description
NRS 441A Nevada Statutes related to the reporting and control of communicable disease and toxic agents.
NRS 441A.050 "Health authority" is defined as the district or state health officer, or the officer’s designee.
NRS 441A.063 "Infectious Disease" is defined as disease that is caused by pathogenic microorganisms; the term includes communicable disease. See also: NAC 441A.040.
NRS 441A.065 "Isolation" is defined as physical separation and confinement of individuals who are infected or reasonably believed to be infected with a communicable disease to prevent the spread of the disease to uninfected/unexposed individuals.
NRS 441A.115 "Quarantine" is defined as physical separation and confinement of individuals who have been exposed or reasonably believed to have been exposed to a communicable disease to prevent the spread of disease to uninfected/unexposed individuals.
NRS 441A.110 "Provider of Healthcare" is defined as a physician, nurse, or veterinarian licensed in accordance with state law, or a physician’s assistant who is properly licensed.
NRS 441A.150 Providers of healthcare and medical laboratories are required to report findings of communicable disease to the health authority.
NRS 441A.180 Contagious individuals are to prevent exposure to others; the health authority may warn contagious individuals in regards to risky behavior; ignoring such warnings can result in misdemeanor charges.
NRS 441A.190 The health authority is to notify the principal or director of a school, child care facility, medical facility or correctional facility if the health authority is aware of or suspects the presence of a communicable disease in such a facility; directors of these facilities are to notify the health authority of the presence or suspicion of communicable disease in these facilities; parents or guardians shall not knowingly allow their children to attend school or child care facilities if the child has a disease that requires exclusion from school or child care.
NRS 441A.900 Sets forth the responsibility for prosecuting individuals who fail to comply with the provisions of NRS 441A.
NAC 441A Nevada Administrative Codes related to the reporting and control of communicable diseases.
NAC 441A.035 "Case" is defined as a person who satisfies clinical, laboratory, and epidemiological criteria for being classified as infected or a case of probable infection of a communicable disease.
NAC 441A.100 "Hand washing" defined.
NAC 441A.130 "Outbreak" is defined as an occurrence of cases of communicable disease that is excess of what would normally be expected for the community or region.
NAC 441A.195 "Universal Precautions" are defined as standard procedures to prevent the spread of disease through contact with blood or other bodily fluids as recommended by the CDC.
NAC 441A.225 General disease reporting requirements.
NAC 441A.230 It is the duty of health care providers to report cases or suspected cases of infectious disease.
NAC 441A.235 It is the duty of the director or other person in charge of a medical laboratory to report cases or suspected cases of infectious disease.
NAC 441A.240 It is the duty of the director or other person in charge of a medical facility to report cases or suspected cases of infectious disease.
NAC 441A.245 It is the duty of the principal, director, or other person in charge of a school, child care facility, or correctional facility to report cases or suspected cases of infectious disease; these persons must cooperate with the health authority; outlines requirements for when communicable disease is found in a school or childcare setting.
NAC 441A.255 It is the duty of the persons to report cases or suspected cases of infectious disease when it is known that the case is not receiving health care services from a health care provider.
NAC 441A.280 It is the duty of persons to cooperate with the health authority in investigations and the suppression or control of communicable diseases.
NAC 441A.450 through 441A.725 Miscellaneous communicable diseases.
NAC 432A Nevada Administrative Codes regarding services and facilities for the care of children.
NAC 432A.020 "Caregiver" is defined as a natural person responsible for the care, supervision, and education of children in a facility.
NAC 432A.170 General duties of the health division in regards to child care facilities.
NAC 432A.180 through 432A.235 Miscellaneous communicable diseases.
NAC 432A.260 Health standards; inspection reports.
NAC 432A.310 Personal health requirements of staff.
NAC 432A.378 Child care centers are required to report instances of accident, injury, communicable disease, or death to the Health Division.
NAC 432A.411 Sanitary measures for changing diapers.
NAC 432A.412 Written procedures for hand washing are required and should apply to staff and children; staff are to ensure children follow had washing procedures.
NAC 432A.413 Written guidelines for toilet training.
NAC 432A.415 Safety and sanitation of toys and play equipment.
NAC 432A.500 through 432A.510 Required immunizations against disease.
1 Electronic Code of Federal Regulations available at: http://www.ecfr.gov/cgi-bin/text-idx?SID=47536d988384fb5d644cd2c8bb95bc94&node=45:1.0.1.3.78.5.27.8&rgn=div8 accessed 12/17/2013. Title 45: Public Welfare, PART 164 - SECURITY AND PRIVACY ,Subpart E - Privacy of Individually Identifiable Health Information

Last modified on 01/15/2016