Nev. Admin. Code § 652.320 - Inspections: Duties and authority of Division; submission of plan for correction of violations
1. Except as
otherwise provided in this subsection, the Division shall inspect periodically
the premises and operation of each laboratory, including, without limitation,
the premises of an outpatient center of the laboratory, if any. A laboratory
that is subject to inspection by an accrediting organization approved by the
Centers for Medicare and Medicaid Services of the United States Department of
Health and Human Services pursuant to
42
C.F.R. §§
493.551 to
493.575,
inclusive, is not required to be inspected periodically by the Division if the
reports of the inspections are available to the Division.
2. An authorized employee or contractor of
the Division may enter and inspect any building or premises to secure
compliance with or prevent a violation of any provision of this chapter or
chapter 652 of NRS.
3. Upon receipt
of a complaint against a laboratory or its personnel, except for a complaint
concerning the cost of services, the Division may conduct an investigation into
the premises, qualifications of personnel, methods of operation, policies,
procedures and records of that laboratory or any other laboratory which may
have information pertinent to the complaint.
4. The Division may request records from any
facility licensed pursuant to chapter 449 of NRS, including, without
limitation, any facility which is required by the regulations adopted by the
Board pursuant to NRS 449.0303 to be licensed, or
any laboratory licensed pursuant to chapter 652 of NRS that may have
information pertinent to a complaint which is within the authority of the
Division to investigate.
5. The
Division shall report violations noted at the time of each inspection by
providing the director, or the director's designee, with a statement of
violations, which must include the severity level for the violation as
determined by the Division, and a form for the director to submit a plan of
correction. Any violation for which a severity level is not specified in the
statement of violations is presumed to be a violation of severity level one.
The director shall submit the plan of correction to the Division, containing
thereon the plan of correction for each of the violations, within 14 days after
receiving the form. The plan must indicate the date by which each violation
will be corrected.
6. Failure to
submit the plan of correction timely pursuant to subsection 5 to the Division
constitutes a separate violation subject to monetary penalties with a severity
level rated at the same level as the highest violation identified on the
statement of violations.
Notes
NRS 439.200, 652.123 and 652.130
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