439.970 - Determination of public health emergency or other health event; executive order of Governor; designation of emergency team; chair; Attorney General designated legal counsel to emergency team
439.970 Determination of public health emergency or other health event; executive order of Governor; designation of emergency team; chair; Attorney General designated legal counsel to emergency team.
1. Except as otherwise provided in chapter 414 of NRS, if a health authority identifies within its jurisdiction a public health emergency or other health event that is an immediate threat to the health and safety of the public in a health care facility or the office of a provider of health care, the health authority shall immediately transmit to the Governor a report of the immediate threat.
2. Upon receiving a report pursuant to subsection 1, the Governor shall determine whether a public health emergency or other health event exists that requires a coordinated response for the health and safety of the public. If the Governor determines that a public health emergency or other health event exists that requires such a coordinated response, the Governor shall issue an executive order:
(a) Stating the nature of the public health emergency or other health event;
(b) Stating the conditions that have brought about the public health emergency or other health event, including, without limitation, an identification of each health care facility or provider of health care, if any, related to the public health emergency or other health event;
(c) Stating the estimated duration of the immediate threat to the health and safety of the public; and
(d) Designating an emergency team comprised of:
(1) The State Health Officer or a person appointed pursuant to subsection 5, as applicable; and
(2) Representatives of state agencies, divisions, boards and other entities, including, without limitation, professional licensing boards, with authority by statute to govern or regulate the health care facilities and providers of health care identified as being related to the public health emergency or other health event pursuant to paragraph (b).
3. If additional state agencies, divisions, boards or other entities are identified during the course of the response to the public health emergency or other health event as having authority regarding a health care facility or provider of health care that is related to the public health emergency or other health event, the Governor shall direct that agency, division, board or entity to appoint a representative to the emergency team.
4. The State Health Officer or a person appointed pursuant to subsection 5, as applicable, is the chair of the emergency team.
5. If the State Health Officer has a conflict of interest relating to a public health emergency or other health event or is otherwise unable to carry out the duties prescribed pursuant to NRS 439.950 to 439.983, inclusive, the Director shall temporarily appoint a person to carry out the duties of the State Health Officer prescribed in NRS 439.950 to 439.983, inclusive, until such time as the public health emergency or other health event has been resolved or the State Health Officer is able to resume those duties. The person appointed by the Director must meet the requirements prescribed by subsection 1 of NRS 439.090.
6. The Governor shall immediately transmit the executive order to:
(a) The Legislature or, if the Legislature is not in session, to the Legislative Commission and the Legislative Committee on Health Care; and
(b) Any person or entity deemed necessary or advisable by the Governor.
7. The Governor shall declare a public health emergency or other health event terminated before the estimated duration stated in the executive order upon a finding that the public health emergency or other health event no longer poses an immediate threat to the health and safety of the public. Upon such a finding, the Governor shall notify each person and entity described in subsection 6.
8. If a public health emergency or other health event lasts longer than the estimated duration stated in the executive order, the Governor is not required to reissue an executive order, but shall notify each person and entity identified in subsection 6.
9. The Attorney General shall provide legal counsel to the emergency team.
(Added to NRS by 2009, 367)