Section 640.610 - Records; confidentiality1. A licensee shall:(a) Maintain in a secure and confidential manner, and as required by NRS 629.051 and all other relevant state and federal laws governing the confidentiality and maintenance of patient records, any record of a patient which shows a medical problem of the patient or the scope of the treatment intervention of the patient administered by the licensee.(b) Not later than the end of the third business day after providing treatment intervention to a patient :(1) Complete the documentation in the record of the patient as required by section 23.(2) Document all material communication provided within 3 business days after the treatment intervention in the record of the patient. For the purpose of this subparagraph, "material communication" means all communication with the patient regarding the care of the patient, whether the communication was face-to-face or by telecommunication.(c) Ensure that the record of each patient is clear, legible, complete and accurate, and that the record includes an original, legible signature or authenticated electronic signature of the licensee and the date of the signature.(d) If electronic documentation is used for the record of a patient, ensure that each document in paper format is reflected in electronic format in the record of the patient.2. Except as otherwise provided by law, a licensee may not release a record of a patient which is confidential, or any information contained therein, except under one or more of the following circumstances:(a) With the written consent of the patient.(b) If the patient is a minor, with the written consent of the parent or legal guardian of the patient.(c) Upon written request from the attorney of a patient if the written request is accompanied by a release signed by the patient or the parent or legal guardian of the patient, as applicable.(d) In response to a subpoena issued by the Board.(e) Pursuant to an order of a court of competent jurisdiction.(f) If there is a clear and immediate danger to the patient, another person or to society. If there is such a danger, a disclosure may be made to an appropriate member of the family of the patient, another provider of health care, or an appropriate agent of the Federal Government, the State, a political subdivision of the State or a law enforcement agency, when acting in his or her official capacity.(g) Where the licensee makes a report pursuant to NRS 432B.220, having knowledge or reasonable cause to believe that a child has been abused or neglected.(h) Where the licensee makes a report pursuant to NRS 200.5093, having knowledge or reasonable cause to believe that an older person or vulnerable person has been abused, neglected, exploited, isolated or abandoned.(i) To the appropriate law enforcement agency, where the licensee knows or has reasonable cause to believe that the patient has been the victim of domestic violence.3. A licensee shall provide medical records within the time required pursuant to subsection 2 of NRS 629.061. Any fees charged for the production of the records must be in accordance with subsection 4 of NRS 629.061.4. A licensee shall inform his or her patient of any regulation or statute which governs the confidentiality of communications between the patient and the physical therapist.5. A licensee shall not falsify a record of health care of a patient.Nev. Admin. Code § 640.610
Added to NAC by Bd. of Phys. Therapy Exam'rs, eff. 6-11-90; A by R153-98, 12-18-98; R111-02, 1-24-2003; R059-06, 9-18-2006; A by R124-21A, eff. 12/17/2022