Nevada § 629.051 - Retention of records; requirement for electronic creation, maintenance, transmittal and exchange of records; authority to create, authenticate and store records in health information exchange; disclosure to patients concerning destruction of records; corrective action or administrative penalty for noncompliance with electronic record requirements; exceptions; regulations

§ 629.051. Retention of records; requirement for electronic creation, maintenance, transmittal and exchange of records; authority to create, authenticate and store records in health information exchange; disclosure to patients concerning destruction of records; corrective action or administrative penalty for noncompliance with electronic record requirements; exceptions; regulations

1. Except as otherwise provided in this section and in regulations adopted by the

State Board of Health pursuant to NRS 652.135 with regard to the records of a medical laboratory and unless a longer period is

provided by federal law, each custodian of health care records shall retain the health

care records of patients as part of the regularly maintained records of the custodian

for 5 years after their receipt or production. Health care records may be retained in written form, or by microfilm or any other

recognized form of size reduction, including, without limitation, microfiche, computer

disc, magnetic tape and optical disc, which does not adversely affect their use for

the purposes of NRS 629.061 . Health care records: (a) Must, except as otherwise provided in subsections 5 and 6 of NRS 439.589 , be created, maintained, transmitted and exchanged electronically as required by

subsection 4 of NRS 439.589 ; and (b) May be created, authenticated and stored in a health information exchange which

meets the requirements of NRS 439.581 to 439.597 , inclusive, and the regulations adopted pursuant thereto. 2. A provider of health care shall post, in a conspicuous place in each location at

which the provider of health care performs health care services, a sign which discloses

to patients that their health care records may be destroyed after the period set forth

in subsection 1. 3. When a provider of health care performs health care services for a patient for

the first time, the provider of health care shall deliver to the patient a written

statement which discloses to the patient that the health care records of the patient

may be destroyed after the period set forth in subsection 1. 4. If a provider of health care fails to deliver the written statement to the patient

pursuant to subsection 3, the provider of health care shall deliver to the patient

the written statement described in subsection 3 when the provider of health care next

performs health care services for the patient. 5. In addition to delivering a written statement pursuant to subsection 3 or 4, a

provider of health care may deliver such a written statement to a patient at any other

time. 6. A written statement delivered to a patient pursuant to this section may be included

with other written information delivered to the patient by a provider of health care. 7. A custodian of health care records shall not destroy the health care records of

a person who is less than 23 years of age on the date of the proposed destruction

of the records. The health care records of a person who has attained the age of 23 years may be

destroyed in accordance with this section for those records which have been retained

for at least 5 years or for any longer period provided by federal law. 8. If a health care licensing board receives notification from the Department of Health

and Human Services pursuant to NRS 439.5895 that a provider of health care to which the health care licensing board has issued

a license is not in compliance with the requirements of subsection 4 of NRS 439.589 , the health care licensing board may, after notice and the opportunity for a hearing

in accordance with the provisions of this title, require corrective action or impose

an administrative penalty in an amount not to exceed the maximum penalty that the

health care licensing board is authorized to impose for other violations. The health care licensing board shall not suspend or revoke a license for failure

to comply with the requirements of subsection 4 of NRS 439.589 . 9. The provisions of this section, except for the provisions of paragraph (a) of subsection

1 and subsection 8, do not apply to a pharmacist. 10. The State Board of Health shall adopt: (a) Regulations prescribing the form, size, contents and placement of the signs and

written statements required pursuant to this section; and (b) Any other regulations necessary to carry out the provisions of this section. 11. As used in this section: (a) “ Health care licensing board ” means: (1) A board created pursuant to chapter 630, 630A, 631, 632, 633, 634, 634A, 635, 636, 637, 637B, 639, 640, 640A,

640B, 640C, 641, 641A, 641B, 641C or 641D of NRS . (2) The Division of Public and Behavioral Health of the Department of Health and Human

Services. (3) The State Board of Health with respect to licenses issued pursuant to chapter 640D or 640E of NRS . (b) “ License ” has the meaning ascribed to it in NRS 439.5895 .