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Ex. DUT-NV-002 Standing duty Primary source read

Nevada Revised Statutes chapter 439 (Administration of Public Health), NRS 439.010 to 439.990

NRS Chapter 439 - Administration of Public Health (chapter page as published by the Nevada Legislature)

Nevada Legislature; State Board of Health; county, district and city boards of health · Nevada (State)

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The record

Jurisdiction
Nevada
Level
State
Authority
Nev. Const. art. 4, s. 1; NRS 439.150, 439.200
Effective
standing law in force throughout 2020 Q2 to 2021 Q3
End
standing (read as 2021-09-30)
In force
Standing (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Workplace rulesQuarantine and isolationStanding dutyOther
Addressees
  • persons generally; owners and persons in charge of buildings and institutions; public officers; every person, corporation, firm or organization (439.565)
Character
statutory duty
Collection
Standing duties: Nevada DUT-NV

Operative words

All health officers, local boards of health, sheriffs, constables, police officers, marshals, all persons in charge of public buildings and institutions, and all other public officers and employees shall respect and enforce this chapter... and all lawful rules, orders and regulations adopted in pursuance thereof in every particular affecting their respective localities and duties.

Penalty

NRS 439.565: injunction against any person, corporation, firm or organization that violates or proposes to violate the chapter or any regulation of the State Board or an approved county, district or city board; NRS 439.570: district attorney 'shall forthwith initiate and promptly' prosecute reported violations; NRS 193.151: a prohibited act with no stated penalty is a misdemeanor

What it required

The State Board of Health is 'supreme in all nonadministrative health matters,' may adopt and enforce regulations 'to define and control dangerous communicable diseases,' 'to prevent and control nuisances' and 'to regulate sanitation and sanitary practices' that 'have the effect of law,' county and district boards may isolate, quarantine, abate nuisances and regulate sanitation by regulations effective immediately on State approval, and every officer and person in charge of a building must respect and enforce the chapter and every lawful rule, order and regulation under it.

Retrieval note

NRS 439.150(1): the State Board of Health 'is hereby declared to be supreme in all nonadministrative health matters' with 'general supervision over all matters... relating to the preservation of the health and lives of citizens of this State and over... all district, county and city health departments, boards of health and health officers.' NRS 439.200(1): the Board 'may... adopt, amend and enforce reasonable regulations consistent with law: (a) To define and control dangerous communicable diseases. (b) To prevent and control nuisances. (c) To regulate sanitation and sanitary practices in the interests of the public health... (e) To protect and promote the public health generally'; 439.200(2): 'those regulations have the effect of law and supersede all local ordinances and regulations inconsistent therewith, except those local ordinances and regulations which are more stringent.' NRS 439.360(1): a county board of health may abate nuisances, isolate 'any person or group of persons with a communicable disease that is in an infectious state and poses a risk to the public health' and quarantine 'any person or group of persons who has been exposed.' NRS 439.366(3): a district board of health (Southern Nevada Health District; Washoe County Health District) may adopt regulations 'which must take effect immediately on their approval by the State Board of Health, to: (a) Prevent and control nuisances; (b) Regulate sanitation and sanitary practices in the interests of the public health.' NRS 439.550: each local health officer 'is charged with the strict and thorough enforcement of the provisions of this chapter.' The Board's 2021 emergency regulations amending NAC ch. 441A (Exs. NV-055, NV-056) were adopted under NRS 439.200 and 441A.120. Chapter page renders at about 114 pages.