NAC449.999463. Imposition of sanctions in emergencies: Notice; authority; exception to notice requirement.

     1. Except as otherwise provided in this section, the Bureau shall give notice pursuant to the provisions of NAC 439.300 to 439.395, inclusive, before taking disciplinary action against an outpatient facility.

     2. If necessary to protect the public health and safety, the Bureau may impose such sanctions as are necessary without notice to the outpatient facility or by oral notice to the outpatient facility.

     3. If there is an immediate and serious threat to the health and safety of patients served by an outpatient facility, the provisions concerning notice contained in this section govern.

     4. The Bureau may suspend the permit of an outpatient facility without notice or upon oral notice if the Bureau finds that an emergency has caused a deficiency with a severity and scope score of five or more which places one or more patients in immediate jeopardy. For purposes of this subsection, “emergency” means any situation in which an outpatient facility is unable to operate in a safe manner, including, without limitation, due to a fire, flood, contagious infection, loss of utilities or inappropriate transfer of patients.

     5. In any case where sanctions are imposed without written notice, the Bureau shall provide written notice that complies with the requirements of NAC 439.345 within 48 hours after the imposition of the sanctions.

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