NAC458.366. Investigations: Duties of Health Division.

When investigating a complaint regarding a program, the Health Division shall:

     1. Request that the person registering the complaint state in writing the substance of the complaint and the name of the person or program alleged to have violated a requirement of this chapter. An investigation will proceed whether or not the allegations are put in writing.

     2. Conduct announced or unannounced inspections and any other investigation necessary to determine the validity of the complaint.

     3. If the investigation is conducted on the premises where a program is providing services, inform the operator or a designee thereof of the presence of staff from the Health Division on the premises upon arrival.

     4. Inform the operator or the designee of the nature of the complaint.

     5. Except as otherwise provided in this subsection, keep all information gathered during the course of the investigation confidential while the investigation is proceeding. This subsection does not prohibit the Health Division from:

     (a) Communicating or cooperating with any agency or board that:

          (1) Is investigating a member of the staff who is under investigation;

          (2) Is investigating the same program as the Health Division; or

          (3) Regulates or has jurisdiction over the violations alleged in a complaint or found during the course of the investigation.

     (b) Communicating with the operator or the designee when a complaint against a person who is a member of the staff alleges a condition posing a significant hazard to the health or safety of the clients, participants or staff of the program, or a visitor to the program.

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