Section 458.153 - Operators: General requirements and duties1. 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;(4) Any other actions taken by the governing body at the meeting; and(5) The review and approval of budgets by the governing body; and(c) Make available for review by the 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 and the criteria of the Division;(b) Review any changes to the manual containing the policies and procedures of the program and have those changes approved by the Division as required pursuant to NAC 458.108;(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 Division within 1 business day after the occurrence of any known death of a client or 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) Establish a plan for: (1) Improving the quality of the services provided by the program which addresses, without limitation, operational services, human resources, fiscal services, clinical outcome measures and evidence of implementation; and(2) Ensuring that the integrity of the program will be maintained;(g) Make a copy of the plan established pursuant to paragraph (f) available to the Division at the time of an inspection by the Division of the premises where the program is providing services;(h) Maintain all licensure and certifications required by the Division and comply with the criteria of the Division and 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; and(j) 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 Division: (1) At the time of an inspection by the Division of the premises where the program is providing services; or(2) If the report requires the operator to take corrective action, not more than 30 days after the operator receives the report.4. The Division shall report any known violation of the criteria of the Division or 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.Nev. Admin. Code § 458.153
Added to NAC by Bd. of Health by R120-04, eff. 10-5-2004; A by R104-14, eff. 10/27/2015; A by R117-22A, eff. 2/20/2023