NAC449.999453. “Deficiency” defined.

     1. “Deficiency” means noncompliance with any state statute or regulation of the Board. The term includes an incident concerning an outpatient facility where there are no extenuating circumstances or where the facility has made an inappropriate response to a complaint, including the failure to:

     (a) Prevent an incident from occurring, if the incident could have been avoided;

     (b) Identify an incident;

     (c) Take action to correct an incident before the identification of the incident by the Bureau; or

     (d) Implement a contingency plan if permanent action to correct an incident has not been undertaken.

     2. In determining whether an incident is a deficiency, the right of the patient to refuse treatment, when applicable, shall be deemed an extenuating circumstance.

     (Added to NAC by Bd. of Health by R179-09, eff. 7-22-2010)