Nevada § 442.008 - Examination of infants: Regulations; performance of tests by State Public Health Laboratory; duties of physician, midwife, nurse, freestanding birthing center or hospital; exemption

§ 442.008. Examination of infants: Regulations; performance of tests by State Public Health Laboratory; duties of physician, midwife, nurse, freestanding birthing center or hospital; exemption

1. The State Board of Health shall adopt regulations governing examinations and tests

required for the discovery in infants of preventable or inheritable disorders, including

tests for the presence of sickle cell disease and its variants and sickle cell trait. 2. Except as otherwise provided in this subsection, the examinations and tests required

pursuant to subsection 1 must include tests and examinations for each disorder recommended

to be screened by the Health Resources and Services Administration of the United States

Department of Health and Human Services by not later than 4 years after the recommendation

is published. The State Board may exclude any such disorder upon request of the Chief Medical

Officer or the person in charge of the State Public Health Laboratory based on: (a) Insufficient funding to conduct testing for the disorder; or (b) Insufficient resources to address the results of the examination and test. 3. Any examination or test required by the regulations adopted pursuant to subsection

1 which must be performed by a laboratory must be sent to the State Public Health

Laboratory. If the State Public Health Laboratory increases the amount charged for performing

such an examination or test pursuant to NRS 439.240 , the Division shall hold a public hearing during which the State Public Health Laboratory

shall provide to the Division a written and verbal fiscal analysis of the reasons

for the increased charges. 4. Except as otherwise provided in subsection 7, the regulations adopted pursuant

to subsection 1 concerning tests for the presence of sickle cell disease and its variants

and sickle cell trait must require the screening for sickle cell disease and its variants

and sickle cell trait of: (a) Each newborn child who is susceptible to sickle cell disease and its variants

and sickle cell trait as determined by regulations of the State Board of Health;

and (b) Each biological parent of a child who wishes to undergo such screening. 5. Any physician, midwife, nurse, freestanding birthing center or hospital of any

nature attending or assisting in any way any infant, or the person who gave birth

to any infant, at childbirth shall: (a) Make or cause to be made an examination of the infant, including standard tests

that do not require laboratory services, to the extent required by regulations of

the State Board of Health as is necessary for the discovery of conditions indicating

such preventable or inheritable disorders. (b) Collect and send to the State Public Health Laboratory or cause to be collected

and sent to the State Public Health Laboratory any specimens needed for the examinations

and tests that must be performed by a laboratory and are required by the regulations

adopted pursuant to subsection 1. 6. If the examination and tests reveal the existence of such conditions in an infant,

the physician, midwife, nurse, freestanding birthing center or hospital attending

or assisting at the birth of the infant shall immediately: (a) Report the condition to the Chief Medical Officer or the representative of the

Chief Medical Officer, the local health officer of the county or city within which

the infant or the person who gave birth to the infant resides, and the local health

officer of the county or city in which the child is born; and (b) Discuss the condition with the parent, parents or other persons responsible for

the care of the infant and inform them of the treatment necessary for the amelioration

of the condition. 7. An infant is exempt from examination and testing if either parent files a written

objection with the person or institution responsible for making the examination or

tests. 8. As used in this section, “ sickle cell disease and its variants ” has the meaning ascribed to it in NRS 439.4927 .