RECORDS
RETENTION
AND
HEALTHCARE
RECORDS
Records
Retention
Statute-NRS
629.051
and
NRS
629.053
NRS
629.051
Health
care
records:
Retention; disclosure
to
patients concerning
destruction
of
records;
exceptions;
regulations.
1.
Except
as
otherwise
provided
in
this
section
and
in
regulations
adopted
by
the
State
Board
of
Health
pursuant
to
NRS
652.135
with
regard
to the
records
of
a
medical
laboratory
and unless
a
longer
period
is
provided
by
federal
law,
each
provider
of
health
care
shall
retain
the
health
care
records
of
his
or
her patients
as
part
of
his
or
her
regularly
maintained
records
for
5
years
after
their
receipt
or
production.
Health
care
records may
be
retained
in
written
form,
or
by
microfilm
or
any
other
recognized
form
of
size
reduction,
including,
without
limitation,
microfiche,
computer
disc,
magnetic
tape and
optical
disc,
which
does
not adversely
affect
their
use
for
the purposes
of
NRS
629.061.
Health
care
records
may
be
created,
authenticated
and
stored
in
a
computer
system
which
meets
the
requirements
of
NRS
439.581
to
439.595.
inclusive,
and
the
regulations
adopted
pursuant
thereto.
2.
A
provider of
health
care
shall
post,
in
a
conspicuous
place
in
each
location
at
which
the
provider of
health
care
performs
health
care
services,
a
sign
which
discloses
to
patients
that
their
health
care
records
may
be
destroyed
after
the
period
set
forth
in
subsection
1.
3.
When
a
provider
of
health
care
performs
health
care
services
for
a
patient
for
the
first
time,
the
provider
of
health
care
shall
deliver
to the
patient
a
written
statement which
discloses
to
the
patient that
the
health
care
records
of
the
patient
may
be
destroyed
after
the
period
set
forth
in
subsection
1.
4.
If
a
provider of
health
care
fails
to
deliver
the
written
statement
to
the
patient pursuant to
subsection
3,
the
provider
of
health
care
shall
deliver
to the
patient
the
written
statement described
in
subsection
3
when
the
provider
of
health
care
next
performs
health
care
services
for
the
patient.
5.
In
addition
to
delivering
a
written
statement
pursuant
to
subsection
3
or
4,
a
provider
of
health
care
may
deliver
such
a
written
statement
to
a
patient
at
any
other
time.
6.
A
written
statement
delivered
to
a
patient pursuant
to
this
section
may
be
included
with
other
written
information
delivered
to the
patient
by
a
provider of
health
care.
7.
A
provider
of
health
care
shall
not
destroy
the
health
care
records
of
a
person
who
is
less
than
23
years
of
age
on
the
date
of
the
proposed
destruction
of
the records.
The
health
care
records
of
a
person
who
has
attained
the
age
of
23
years
may
be
destroyed
in
accordance
with
this
section
for
those
records which
have
been
retained
for
at
least
5
years
or
for
any
longer
period provided
by
federal
law.
8.
The
provisions
of
this
section
do
not
apply
to
a
pharmacist.
9.
The
State
Board
of
Health shall
adopt:
(a)
Regulations
prescribing
the
form,
size,
contents
and
placement
of
the
signs
and
written
statements
required
pursuant
to
this
section;
and
(b)
Any
other
regulations
necessary
to
carry
out
the
provisions
of
this
section.
NRS
629.053 Health
care
records:
Disclosure
on
Internet
by
State
Board
of
Health
and
certain
regulatory
boards
concerning
destruction
of
records;
regulations.
1.
The
State
Board
of
Health
and
each
board
created
pursuant
to
chapter
630.
630k
ill.
~34,
634A.
~,
Q3~,
§~j,
637A.
637B.
~
640A,
640B.
640C.
§41
641A, 641B
or
641C
of
NRS
shall
post
on
its
website
on
the Internet,
if
any,
a
statement
which
discloses
that:
(a)
Pursuant
to
the
provisions
of
subsection
7
of
NRS
629.051;
(1)
The
health
care
records
of
a
person
who
is
less
than
23
years
of
age
may
not
be
destroyed;
and
(2)
The
health
care
records
of
a
person
who
has
attained
the
age
of
23
years
may
be
destroyed
for
those
records which
have
been
retained
for
at
least
5
years
or
for
any
longer
period provided
by
federal
law;
and
(b)
Except
as
otherwise
provided
in
subsection
7
of
NRS
629.051
and
unless
a
longer
period
is
provided
by
federal
law,
the
health
care
records
of
a
patient
who
is
23
years
of
age
or
older
may
be
destroyed
after
5
years
pursuant
to
subsection
1
of
NRS
629.051.
2.
The
State
Board
of
Health
shall
adopt regulations
prescribing
the
contents
of
the
statements required pursuant
to
this
section.
Healthcare
Records
Inspection;
Copies-NRS
629.061
NRS
629.061
Health
care
records:
Inspection;
copies;
use
in
public
hearing;
immunity
of
certain
persons
from
civil
action
for
disclosure.
1.
Each
provider
of
health
care shall
make
the
health
care
records
of
a
patient
available
for
physical
inspection
by;
(a)
The
patient
or
a
representative
with
written
authorization from the
patient;
(b)
The
personal
representative
of
the
estate
of
a
deceased
patient;
(c)
Any
trustee
of
a
living
trust
created
by
a
deceased
patient;
(d)
The
parent or
guardian
of
a
deceased
patient
who
died
before reaching the
age
of
majority;
(e)
An
investigator
for
the
Attorney
General
or
a
grand
jury
investigating
an
alleged
violation
of
NRS
200.495,
200.5091
to
200.50995,
inclusive,
or
422.540
to
422.570.
inclusive;
(f)
An
investigator
for
the Attorney
General
investigating
an
alleged
violation
of
NRS
6160.200.
616D.220,
616D.240
or
616D.300
to
616D.440. inclusive,
or
any
fraud
in
the
administration
of
chapter
616A.
616B.
616C.
616D
or
617
of
NRS
or
in
the
provision
of
benefits
for
industrial
insurance;
or
(g)
Any
authorized
representative
or
investigator
of
a
state licensing
board during
the
course
of
any
investigation authorized
by
law.
2.
The
records
described
in
subsection
1
must
be
made
available
at
a
place
within
the
depository convenient
for
physical
inspection.
Except
as
otherwise provided
in
subsection
3,
if
the
records
are
located;
(a)
Within
this
State,
the provider
shall make any
records
requested
pursuant
to
this
section
available
for
inspection
within
10
working
days
after
the
request.
(b)
Outside
this
State,
the provider
shall
make
any
records
requested
pursuant
to
this
section available
in
this
State
for
inspection
within
20
working
days
after
the
request.
3.
If
the
records
described
in
subsection
1
are
requested pursuant
to
paragraph
(e),
(f)
or
(g)
of
subsection
1
and
the
investigator,
grand
jury
or
authorized
representative,
as
applicable,
declares
that
exigent circumstances
exist
which
require the immediate
production
of
the
records,
the
provider
shall
make
any
records
which
are
located:
(a)
Within
this
State
available
for
inspection
within
5
working
days
after
the
request.
(b)
Outside
this
State
available
for
inspection
within
10
working
days
after
the
request.
4.
Except
as
otherwise provided
in
subsection
5,
the
provider
of
health
care
shall
also
furnish
a
copy
of
the
records
to
each
person
described
in
subsection
1
who
requests
it
and
pays
the
actual
cost
of
postage,
if
any,
the
costs
of
making
the
copy,
not
to
exceed 60
cents
per
page
for
photocopies
and
a
reasonable
cost
for
copies
of
X-ray
photographs
and
other
health
care
records
produced
by
similar
processes.
No
administrative
fee
or
additional
service
fee
of
any
kind may
be
charged
for
furnishing
such
a
copy.
5
The
provider
of
health
care
shall
also
furnish
a
copy
of
any records
that
are
necessary
to
support
a
claim
or
appeal
under
any
provision
of
the
Social
Security
Act,
42
U.S.C.
§~
301
et
seq.,
or
under
any
federal
or
state
financial
needs-based
benefit
program,
without
charge,
to
a
patient,
or
a
representative
with
written
authorization from
the
patient,
who
requests
it,
if
the
request
is
accompanied
by
documentation
of
the
claim
or
appeal.
A
copying
fee,
not
to
exceed
60
cents
per
page
for
photocopies
and
a
reasonable cost
for
copies
of
X-ray
photographs
and
other
health
care
records
produced
by
similar
processes,
may
be
charged
by
the
provider
of
health
care
for
furnishing
a
second
copy
of
the
records
to
support
the
same
claim
or
appeal.
No
administrative
fee
or
additional
service
fee
of
any
kind may
be
charged
for
furnishing
such
a
copy.
The
provider
of
health
care shall
furnish the
copy
of
the
records requested
pursuant
to
this
subsection
within
30
days
after
the
date
of
receipt
of
the
request,
and
the
provider
of
health
care shall
not
deny
the
furnishing
of
a
copy
of
the
records pursuant
to
this
subsection
solely
because
the patient
is
unable
to
pay
the
fees
established
in
this
subsection.
6.
Each
person
who owns
or
operates
an
ambulance
in
this
State
shall
make
the
records
regarding
a
sick
or injured
patient
available
for
physical
inspection
by:
(a)
The
patient
or
a
representative
with
written
authorization
from
the
patient;
(b)
The
personal
representative
of
the
estate
of
a
deceased
patient;
(c)
Any
trustee
of
a
living
trust
created
by
a
deceased
patient;
(d)
The
parent
or
guardian
of
a
deceased
patient
who
died
before
reaching
the
age
of
majority;
or
(e)
Any
authorized
representative
or
investigator
of
a
state
licensing
board
during
the
course
of
any
investigation
authorized
by
law.
P
The
records must
be
made
available
at
a
place
within
the
depository
convenient
for
physical
inspection,
and
inspection
must
be
permitted
at
all
reasonable office
hours
and
for
a
reasonable length
of
time.
The
person
who
owns
or operates
an
ambulance
shall
also
furnish
a
copy
of
the
records
to
each
person
described
in
this
subsection
who
requests
it
and
pays
the
actual
cost
of
postage,
if
any,
and
the
costs
of
making
the
copy,
not
to
exceed 60
cents
per
page
for
photocopies.
No
administrative
fee
or
additional
service
fee
of
any
kind
may
be
charged
for
furnishing
a
copy
of
the
records.
7.
Records
made
available
to
a
representative
or investigator
must
not
be
used at
any
public
hearing
unless:
(a)
The
patient
named
in
the
records
has
consented
in
writing
to their
use;
or
(b)
Appropriate
procedures
are
utilized
to protect
the
identity
of
the
patient
from
public
disclosure.
8.
Subsection
7
does
not
prohibit:
(a)
A
state
licensing
board
from
providing
to
a
provider
of
health
care
or
owner
or
operator
of
an
ambulance
against
whom
a
complaint
or
written
allegation
has
been
filed, or
to
his
or
her
attorney,
information
on
the
identity
of
a
patient
whose
records
may
be
used
in
a
public
hearing
relating
to
the complaint
or allegation,
but the provider
of
health
care
or
owner or
operator
of
an
ambulance
and
the
attorney
shall keep
the
information
confidential.
(b)
The
Attorney
General
from
using
health
care
records
in
the
course
of
a
civil
or criminal
action
against
the patient
or
provider
of
health
care.
9.
A
provider
of
health
care
or
owner
or
operator
of
an
ambulance
and
his
or
her
agents
and
employees
are
immune
from
any civil
action
for
any
disclosures
made
in
accordance
with
the
provisions
of
this
section
or
any
consequential
damages.
10.
For
the
purposes
of
this
section:
(a)
“Guardian”
means
a
person
who
has
qualified
as
the
guardian
of
a
minor
pursuant
to
testamentary
or
judicial
appointment, but
does
not
include
a
guardian
ad
litem.
(b)
“Living
trust”
means
an
inter
vivos
trust
created
by
a
natural
person:
(1)
Which
was
revocable
by
the
person
during the
lifetime
of
the
person;
and
(2)
Who
was one
of
the
beneficiaries
of
the
trust
during
the
lifetime
of
the
person.
(c)
“Parent”
means
a
natural
or
adoptive
parent
whose
parental
rights
have
not
been
terminated.
(d)
“Personal
representative”
has
the
meaning
ascribed
to
it
in
NRS
132.265.
