Nevada Code § 439.200

Adoption, effect, variances and distribution of regulations of State Board of Health; recommendations regarding certain program for repayment of student loans
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1. The State Board of Health may by
affirmative vote of a majority of its members adopt, amend and enforce
reasonable regulations consistent with law:
(a) To define and control dangerous communicable
diseases.
(b) To prevent and control nuisances.
(c) To regulate sanitation and sanitary practices
in the interests of the public health.
(d) To govern and define the powers and duties of
local boards of health and health officers, except with respect to the
provisions of NRS 444.440 to 444.620 , inclusive, 444.650 , 445A.170 to 445A.955 , inclusive, and chapter 445B of NRS.
(e) To protect and promote the public health
generally.
(f) To carry out all other purposes of this
chapter.
2. Except as otherwise provided in NRS 444.650 , those regulations have the
effect of law and supersede all local ordinances and regulations inconsistent
therewith, except those local ordinances and regulations which are more
stringent than the regulations provided for in this section.
3. The State Board of Health may grant a
variance from the requirements of a regulation if it finds that:
(a) Strict application of that regulation would
result in exceptional and undue hardship to the person requesting the variance;
and
(b) The variance, if granted, would not:
(1) Cause substantial detriment to the
public welfare; or
(2) Impair substantially the purpose of
that regulation.
4. Each regulation adopted by the State
Board of Health must be published immediately after adoption and issued in
pamphlet form for distribution to local health officers and the residents of
the State.
5. The State Board of Health shall make
recommendations to the State Treasurer regarding the designation of positions
for the regulations required to be adopted pursuant to paragraph (e) of
subsection 2 of NRS 226.462 . In
determining whether to designate a position, the Board shall make findings
regarding:
(a) The history of the rate of turnover or length
of vacancy for the position;
(b) The difficulty in filling the position due to
special circumstances, including, without limitation, special educational or
experience requirements for the position; and
(c) The history and success of the efforts to
recruit for the position, including, without limitation, advertising,
recruitment outside of this State and all other efforts made.

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