Section 459.551 - Notification and report of medical misadministration; maintenance of record of medical misadministration1. A registrant for a radiation machine, including, without limitation, a therapeutic X-ray system, shall: (a) Notify the Division by telephone not later than the next calendar day after the discovery of a medical misadministration; and(b) Submit a written report to the Division within 15 days after the discovery of the medical misadministration. The written report must include, without limitation: (1) The name of the registrant;(2) The name of the prescribing physician;(3) A brief description of the medical misadministration;(4) An explanation as to why the medical misadministration occurred;(5) The effect, if any, on the person who received the administration of radiation;(6) The actions, if any, that have been taken or are planned to be taken to prevent reoccurrence; and(7) Certification that the registrant notified the person who is the subject of the medical misadministration of the medical misadministration as required by subsection 3 or notified that person's responsible relative or guardian as authorized by subsection 5 or, if such notification was not provided, the reason why the notification was not provided.2. The report submitted pursuant to subsection 1 must not contain the name of the person who is the subject of the medical misadministration or any information that could lead to identification of the person.3. Except as otherwise provided in this subsection and subsections 4 and 5, the registrant shall, not later than 24 hours after discovery of the medical misadministration, provide notification of the medical misadministration to the referring physician and to the person who is the subject of the medical misadministration unless the referring physician personally informs the registrant that:(a) He or she will inform the person; or(b) Based on medical judgment, notifying the person would be harmful.4. The registrant is not required to notify the person who is the subject of the medical misadministration without first consulting the referring physician. If the referring physician or the person who is the subject of the medical misadministration cannot be reached within 24 hours after discovery of the medical misadministration, the registrant shall notify the person as soon as possible thereafter. The registrant may not delay any appropriate medical care for the person, including any necessary remedial care as a result of the medical misadministration, because of any delay in notification.5. To meet the requirements of this section, the notification of the person who is the subject of the medical misadministration may be made instead to that person's responsible relative or guardian. If a verbal notification is made, the registrant shall inform the person, or the appropriate responsible relative or guardian, that a written description of the medical misadministration can be obtained from the registrant upon request. The registrant shall provide such a written description if so requested.6. Aside from the notification requirement, nothing in this section affects any rights or duties of registrants and physicians in relation to each other, to persons affected by the medical misadministration or to the responsible relatives or guardians of a person affected by the medical misadministration.7. The registrant shall: (a) Make and retain for not less than 3 years a record of each medical misadministration reported pursuant to this section. The record must include, without limitation: (1) The information required to be included in the written report submitted to the Division pursuant to subparagraphs (1) to (6), inclusive, of paragraph (b) of subsection 1;(2) The name and social security number or other identification number, if one has been assigned, of the person who is the subject of the medical misadministration; and(3) A statement indicating whether the registrant notified the person who is the subject of the medical misadministration of the medical misadministration or notified that person's responsible relative or guardian of the medical misadministration and, if not, whether the failure to notify such persons was based on the guidance of the referring physician.(b) Provide a copy of the record of the medical misadministration to the referring physician, if other than the registrant, not later than 15 days after the discovery of the medical misadministration.8. As used in this section, "medical misadministration" means:(a) An event that is the result of an intervention of a patient or human research subject in which the administration of radiation from a radiation machine results in or will result in unintended permanent functional damage to an organ or a physiological system, as determined by a physician; or(b) Any event, other than an event that is the result of intervention of a patient or human research subject, in which the administration of radiation from a radiation machine results in: (1) An administration of a dose to the wrong person, using the wrong mode of treatment or at the wrong treatment site; or(2) The calculated total dose administered differing from the total prescribed dose by 20 percent or more.Nev. Admin. Code § 459.551
Added to NAC by Bd. of Health by R144-13A, eff. 10/13/2016