Nevada Code § 200.5095

Reports and records confidential; permissible or required disclosure; penalty. [Effective until the date on which the Nevada Certification Board, or its successor organization, ceases certifying peer recovery support specialists or peer recovery support specialist supervisors.]
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1. Reports made pursuant to NRS 200.5093 and 200.5094 , and records and investigations
relating to those reports, are confidential.
2. A person, law enforcement agency or
public or private agency, institution or facility who willfully releases data
or information concerning the reports and investigation of the abuse, neglect,
exploitation, isolation or abandonment of older persons or vulnerable persons,
except:
(a) Pursuant to a criminal prosecution;
(b) Pursuant to NRS 200.50982 ; or
(c) To persons or agencies enumerated in
subsection 3,
is guilty of
a misdemeanor.
3. Except as otherwise provided in
subsection 2 and NRS 200.50982 , data
or information concerning the reports and investigations of the abuse, neglect,
exploitation, isolation or abandonment of an older person or a vulnerable
person is available only to:
(a) A physician who is providing care to an older
person or a vulnerable person who may have been abused, neglected, exploited,
isolated or abandoned;
(b) An agency responsible for or authorized to
undertake the care, treatment and supervision of the older person or vulnerable
person;
(c) A district attorney or other law enforcement
official who requires the information in connection with an investigation of
the abuse, neglect, exploitation, isolation or abandonment of the older person
or vulnerable person;
(d) A court which has determined, in camera, that
public disclosure of such information is necessary for the determination of an
issue before it;
(e) A person engaged in bona fide research, but
the identity of the subjects of the report must remain confidential;
(f) A grand jury upon its determination that
access to such records is necessary in the conduct of its official business;
(g) Any comparable authorized person or agency in
another jurisdiction;
(h) A legal guardian of the older person or
vulnerable person, if the identity of the person who was responsible for
reporting the alleged abuse, neglect, exploitation, isolation or abandonment of
the older person or vulnerable person to the public agency is protected, and
the legal guardian of the older person or vulnerable person is not the person
suspected of such abuse, neglect, exploitation, isolation or abandonment;
(i) If the older person or vulnerable person is
deceased, the executor or administrator of his or her estate, if the identity
of the person who was responsible for reporting the alleged abuse, neglect,
exploitation, isolation or abandonment of the older person or vulnerable person
to the public agency is protected, and the executor or administrator is not the
person suspected of such abuse, neglect, exploitation, isolation or
abandonment;
(j) The older person or vulnerable person named
in the report as allegedly being abused, neglected, exploited, isolated or
abandoned, if that person is not legally incapacitated;
(k) An attorney appointed by a court to represent
a protected person in a guardianship proceeding pursuant to NRS 159.0485 , if:
(1) The protected person is an older
person or vulnerable person;
(2) The identity of the person who was
responsible for reporting the alleged abuse, neglect, exploitation, isolation
or abandonment of the older person or vulnerable person to the public agency is
protected; and
(3) The attorney of the protected person
is not the person suspected of such abuse, neglect, exploitation, isolation or
abandonment; or
(l) The State Guardianship Office created by NRS 159.341 .
4. If the person who is reported to have
abused, neglected, exploited, isolated or abandoned an older person or a
vulnerable person is the holder of a license or certificate issued pursuant to chapters 449 , 449B , 630 to 641B ,
inclusive, 641D , 653 or 654 of NRS the information contained in the
report must be submitted to the board that issued the license.
5. If data or information concerning the
reports and investigations of the abuse, neglect, exploitation, isolation or
abandonment of an older person or a vulnerable person is made available
pursuant to paragraph (b) or (j) of subsection 3 or subsection 4, the name and
any other identifying information of the person who made the report must be
redacted before the data or information is made available.
NRS 200.5095 Reports and records
confidential; permissible or required disclosure; penalty. [Effective on the
date on which the Nevada Certification Board, or its successor organization,
ceases certifying peer recovery support specialists or peer recovery support
specialist supervisors.]
1. Reports made pursuant to NRS 200.5093 and 200.5094 , and records and investigations
relating to those reports, are confidential.
2. A person, law enforcement agency or
public or private agency, institution or facility who willfully releases data
or information concerning the reports and investigation of the abuse, neglect,
exploitation, isolation or abandonment of older persons or vulnerable persons,
except:
(a) Pursuant to a criminal prosecution;
(b) Pursuant to NRS 200.50982 ; or
(c) To persons or agencies enumerated in
subsection 3,
is guilty of
a misdemeanor.
3. Except as otherwise provided in
subsection 2 and NRS 200.50982 , data
or information concerning the reports and investigations of the abuse, neglect,
exploitation, isolation or abandonment of an older person or a vulnerable
person is available only to:
(a) A physician who is providing care to an older
person or a vulnerable person who may have been abused, neglected, exploited,
isolated or abandoned;
(b) An agency responsible for or authorized to
undertake the care, treatment and supervision of the older person or vulnerable
person;
(c) A district attorney or other law enforcement
official who requires the information in connection with an investigation of
the abuse, neglect, exploitation, isolation or abandonment of the older person
or vulnerable person;
(d) A court which has determined, in camera, that
public disclosure of such information is necessary for the determination of an
issue before it;
(e) A person engaged in bona fide research, but
the identity of the subjects of the report must remain confidential;
(f) A grand jury upon its determination that
access to such records is necessary in the conduct of its official business;
(g) Any comparable authorized person or agency in
another jurisdiction;
(h) A legal guardian of the older person or
vulnerable person, if the identity of the person who was responsible for
reporting the alleged abuse, neglect, exploitation, isolation or abandonment of
the older person or vulnerable person to the public agency is protected, and
the legal guardian of the older person or vulnerable person is not the person
suspected of such abuse, neglect, exploitation, isolation or abandonment;
(i) If the older person or vulnerable person is
deceased, the executor or administrator of his or her estate, if the identity
of the person who was responsible for reporting the alleged abuse, neglect,
exploitation, isolation or abandonment of the older person or vulnerable person
to the public agency is protected, and the executor or administrator is not the
person suspected of such abuse, neglect, exploitation, isolation or
abandonment;
(j) The older person or vulnerable person named
in the report as allegedly being abused, neglected, exploited, isolated or
abandoned, if that person is not legally incapacitated;
(k) An attorney appointed by a court to represent
a protected person in a guardianship proceeding pursuant to NRS 159.0485 , if:
(1) The protected person is an older
person or vulnerable person;
(2) The identity of the person who was
responsible for reporting the alleged abuse, neglect, exploitation, isolation
or abandonment of the older person or vulnerable person to the public agency is
protected; and
(3) The attorney of the protected person
is not the person suspected of such abuse, neglect, exploitation, isolation or
abandonment; or
(l) The State Guardianship Office created by NRS 159.341 .
4. If the person who is reported to have
abused, neglected, exploited, isolated or abandoned an older person or a
vulnerable person is the holder of a license or certificate issued pursuant to chapters 449 , 449B , 630 to 641B ,
inclusive, 641D , 653 or 654 of NRS or NRS 433.622 to 433.641 , inclusive, the information
contained in the report must be submitted to the board or agency that issued
the license or certificate.
5. If data or information concerning the
reports and investigations of the abuse, neglect, exploitation, isolation or
abandonment of an older person or a vulnerable person is made available
pursuant to paragraph (b) or (j) of subsection 3 or subsection 4, the name and
any other identifying information of the person who made the report must be
redacted before the data or information is made available.

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