Nev. Admin. Code § 441A.Sec. 3.1

Current through June 11, 2024

Section 441A.Sec. 3.1 - NEW

1. Any person who is the subject of an order issued by the Chief Medical Officer or a representative thereof pursuant to NRS 441A.160 to submit to a medical examination or test or for isolation, quarantine or treatment may appeal the order by submitting a petition to the Division. Except as otherwise provided in subsection 5, the petition must be submitted not later than 48 hours after the person who is the subject of the order received the order. The written petition must state:

(a) The action ordered by the Chief Medical Officer or a representative thereof; and

(b) The reasons for disputing the order, including, without limitation:

(1) The reasons that the factual and medical basis for the order are incorrect; and

(2) The reasons that the petitioner is not a threat to the health of the public if the petitioner is not subjected to a medical examination or test or isolation, quarantine or treatment, as applicable.

2. Except as otherwise provided in subsection 5, the Division shall hold a hearing on a petition received pursuant to subsection 1 as soon as possible and not later than 48 hours after receiving the petition.

3. A person who is the subject of a hearing held pursuant to subsection 2 may:

(a) Attend the hearing by live telephonic conference or videoconference.

(b) Be represented by an attorney. The Division shall pay the cost of the attorney if the person is indigent or succeeds in his or her dispute of the order.

4. Except as otherwise provided in subsection 5, the Division shall issue a decision not later than 24 hours after a hearing held pursuant to subsection 2. A decision pursuant to this subsection is final for the purpose of judicial review pursuant to NRS 233B.130.

5. If any period described in subsection 1, 2 or 4 ends on a Saturday, Sunday or legal holiday, the period is extended to 5:00 p.m. Pacific Standard Time or Pacific Daylight Time, as applicable, of the next working day.

Nev. Admin. Code § 441A.Sec. 3.1

Added to NAC by Bd. of Health by R148-22A, eff. 7/26/2023

NRS 439.200, 441A.120, 441A.160