NAC652.155. Applicability; exemptions from compliance.

     1. Except as otherwise provided in this section and NRS 652.230, the provisions of this chapter:

     (a) Apply to:

          (1) A laboratory which is licensed pursuant to NRS 652.080 and which provides services to the public; and

          (2) A nonexempt laboratory which is registered pursuant to NAC 652.175; and

     (b) Do not apply to an exempt laboratory which is registered pursuant to NAC 652.175.

     2. Except as otherwise provided in subsection 3, a person who is employed by a laboratory that is licensed by or registered with the Division pursuant to chapter 652 of NRS may perform a test without complying with the provisions of this chapter if:

     (a) The test has been classified as a waived test pursuant to 42 C.F.R. Part 493, Subpart A; and

     (b) The director, a designee of the director or a licensed physician at the laboratory at which the test is performed:

          (1) Verifies that the person is competent to perform the test;

          (2) Ensures that the test is performed in accordance with instructions of the manufacturer of the test; and

          (3) Validates and verifies the manner in which the test is performed by using controls which ensure that the results of the test will be accurate and reliable.

     3. Except as otherwise provided in subsection 4, the provisions of subsection 2 do not relieve a person who performs a test from the requirement to:

     (a) Comply with the policies and procedures that the director of the laboratory at which the test is performed has established pursuant to NAC 652.280; or

     (b) Obtain certification pursuant to NAC 652.470 and pay the applicable fees as set forth in NAC 652.488.

     4. An advanced practice registered nurse as defined in NRS 632.012 or a physician assistant as defined in NRS 630.015 who is employed by a laboratory that is licensed by or registered with the Division pursuant to chapter 652 of NRS and who has not received certification pursuant to NAC 652.470 may perform a test without complying with the provisions of this chapter if the test:

     (a) Has been classified as a waived test pursuant to 42 C.F.R. Part 493, Subpart A; or

     (b) Is a provider-performed microscopy categorized pursuant to 42 C.F.R. § 493.19.

     5. As used in this section, “licensed physician” includes:

     (a) A physician licensed as a doctor of medicine pursuant to chapter 630 of NRS;

     (b) A physician licensed as a doctor of osteopathic medicine pursuant to chapter 633 of NRS;

     (c) A chiropractic physician licensed pursuant to chapter 634 of NRS; and

     (d) A podiatric physician licensed pursuant to chapter 635 of NRS.

     (Added to NAC by Bd. of Health, eff. 1-4-88; A 10-22-93; R177-97, 1-30-98; R078-04, 8-5-2004; R176-07, 1-30-2008)