NAC458.153. Operators: General requirements and duties.

     1. A program must have a specified operator who is responsible for the program. The operator may designate another responsible party to implement and supervise the responsibilities of the operator pursuant to this chapter. The operator remains responsible for any actions of his or her designee.

     2. If the program is operated by a corporation, the governing body of the corporation must be the operator. The governing body shall:

     (a) Adopt written bylaws or policies that define any reimbursement to be provided to its members and the powers and duties of the governing body and its committees;

     (b) Meet at least quarterly and keep written minutes that indicate:

          (1) The date of the meeting;

          (2) The names of the persons present at the meeting;

          (3) Any decisions made by the governing body at the meeting; and

          (4) Any other actions taken by the governing body at the meeting; and

     (c) Make available for review by the Health Division the minutes of meetings, the articles of incorporation and the bylaws of the governing body.

     3. An operator shall:

     (a) Develop and maintain a manual containing the policies and procedures of the program which meets the requirements set forth in NAC 458.158;

     (b) Review and approve any changes to the manual containing the policies and procedures of the program;

     (c) Comply with the provisions of the manual containing the policies and procedures of the program in operating the program;

     (d) Make a copy of the manual containing the policies and procedures of the program available for review to any person who requests to review it;

     (e) Notify the Health Division within 24 hours after the occurrence of an incident that may cause imminent danger to the health or safety of the clients, participants or staff of the program, or a visitor to the program;

     (f) Submit for review and approval by the Health Division a plan for improving the quality of the services provided by the program and for ensuring that the integrity of the program will be maintained;

     (g) After the Health Division approves the plan submitted pursuant to paragraph (f), implement the plan;

     (h) Maintain all licensure and certifications required by the Health Division and comply with all local, state and federal laws, regulations and ordinances;

     (i) Document that paid staff are on the premises where the program is providing services at all times when a client or participant is present on the premises;

     (j) Post a plan for evacuation of the premises where a program is providing services in a place where the plan can be easily viewed by clients, participants and staff; and

     (k) If the operator receives a report from a governmental agency or certifying agency relating to the program, the physical plant on the premises where the program is providing services or the operations of the program, provide a copy of the report to the Health Division not more than 30 days after the operator receives the report.

     4. The Health Division shall report any known violation of any local, state or federal law, regulation or ordinance by an operator to the appropriate regulatory agencies which govern the licensure or certification of the program and to the appropriate agencies responsible for investigating the violation.

     (Added to NAC by Bd. of Health by R120-04, eff. 10-5-2004)