Nev. Admin. Code § 439.Sec. 22

Current through November 8, 2024

Section 439.Sec. 22 - NEW

1. A person or governmental entity that operates a program shall ensure that:

(a) A program facilitator or any other staff member of the program does not disclose a confidential record, any information contained in such a record or any confidential communications made by a participant during the course of treatment or acquired through the work of the program facilitator or staff member with the program except:

(1) Upon the written consent of the participant to whom the record, information or communications pertain;

(2) To the extent necessary to report the status of the treatment of an offender to the justice of the peace or municipal judge overseeing the case;

(3) To the extent necessary to comply with the provisions of section 21;

(4) Pursuant to an investigation or on-site inspection by the Division;

(5) To report evidence of child abuse or neglect pursuant to NRS 432B.220;

(6) To report evidence of abuse, neglect, exploitation, isolation or abandonment of an older person or vulnerable person pursuant to NRS 200.5093; or

(7) As otherwise required by law.

(b) A program facilitator:

(1) Informs each participant of the provisions set forth in paragraph (a); and

(2) Before providing any treatment to the participant, obtains written consent from the participant providing that a confidential communication made by the participant and a confidential record relating to the participant or information contained in such a record may be disclosed for any of the purposes set forth in paragraph (a).

2. As used in this section, "confidential record" includes, without limitation, any record indicating the reason for the treatment of a participant or the course and scope of treatment provided by a program facilitator.

Nev. Admin. Code § 439.Sec. 22

Added to NAC by Bd. of Health by R037-22A, eff. 12/29/2022

NRS 4.373, 5.055, 439.200