Nevada § 629.515 - Valid license or certificate required; exceptions; restrictions; jurisdiction over and applicability of laws; conditions for establishment of relationship with patient using telehealth; use for conduct of forensic medical examination of apparent victim of sexual assault or strangulation; regulations

§ 629.515. Valid license or certificate required; exceptions; restrictions; jurisdiction over and applicability of laws; conditions for establishment of relationship with patient using telehealth; use for conduct of forensic medical examination of apparent victim of sexual assault or strangulation; regulations

1. Except as otherwise provided in this subsection, before a provider of health care

who is located at a distant site may use telehealth to direct or manage the care or

render a diagnosis of a patient who is located at an originating site in this State

or write a treatment order or prescription for such a patient, the provider must hold

a valid license or certificate to practice his or her profession in this State, including,

without limitation, a special purpose license issued pursuant to NRS 630.261 . The requirements of this subsection do not apply to a provider of health care who

is providing services within the scope of his or her employment by or pursuant to

a contract entered into with an urban Indian organization, as defined in 25 U.S.C. § 1603 . 2. The provisions of this section must not be interpreted or construed to: (a) Modify, expand or alter the scope of practice of a provider of health care; or (b) Authorize a provider of health care to provide services in a setting that is not

authorized by law or in a manner that violates the standard of care required of the

provider of health care. 3. A provider of health care who is located at a distant site and uses telehealth

to direct or manage the care or render a diagnosis of a patient who is located at

an originating site in this State or write a treatment order or prescription for such

a patient: (a) Is subject to the laws and jurisdiction of the State of Nevada, including, without

limitation, any regulations adopted by an occupational licensing board in this State,

regardless of the location from which the provider of health care provides services

through telehealth. (b) Shall comply with all federal and state laws that would apply if the provider

were located at a distant site in this State. 4. A provider of health care may establish a relationship with a patient using telehealth

when it is clinically appropriate to establish a relationship with a patient in that

manner. The State Board of Health may adopt regulations governing the process by which a

provider of health care may establish a relationship with a patient using telehealth. 5. A provider of health care who is located at an originating site and is conducting

a forensic medical examination of an apparent victim of sexual assault or strangulation

may use telehealth to connect to an appropriately trained physician, physician assistant

or registered nurse who is located at a distant site for the purpose of obtaining

instructions and guidance on conducting the examination. The provisions of this subsection must not be construed to prohibit the use of telehealth

for communication between providers of health care in other circumstances authorized

by law. 6. As used in this section: (a) “ Distant site ” means the location of the site where a telehealth provider of health care is providing

telehealth services to a patient located at an originating site. (b) “ Originating site ” means the location of the site where a patient is receiving telehealth services

from a provider of health care located at a distant site. (c) “ Sexual assault ” means a violation of NRS 200.366 or 200.368 . (d) “ Strangulation ” has the meaning ascribed to it in NRS 200.481 . (e) “ Telehealth ” means the delivery of services from a provider of health care to a patient at a

different location through the use of information and audio-visual communication technology,

not including facsimile or electronic mail. The term includes, without limitation, communication between a provider of health

care who is providing in-person services to a patient and a provider of health care

at a different location and the delivery of services from a provider of health care

to a patient at a different location through the use of: (1) Synchronous interaction or an asynchronous system of storing and forwarding information;

and (2) Audio-only interaction, whether synchronous or asynchronous.