1. Notwithstanding any other statute to the contrary, the local office of the Aging and Disability Services Division of the Department of Health and Human Services and a county’s office for protective services, if one exists in the county where a violation is alleged to have occurred, may for the purpose of investigating an alleged violation of NRS 200.5091 to 200.50995, inclusive, inspect all records pertaining to the older person or vulnerable person on whose behalf the investigation is being conducted, including, but not limited to, that person’s medical and financial records.
2. Except as otherwise provided in this subsection, if a guardian has not been appointed for the older person or vulnerable person, the Aging and Disability Services Division or the county’s office for protective services shall obtain the consent of the older person or vulnerable person before inspecting those records. If the Aging and Disability Services Division or the county’s office for protective services determines that the older person or vulnerable person is unable to consent to the inspection, the inspection may be conducted without his or her consent. Except as otherwise provided in this subsection, if a guardian has been appointed for the older person or vulnerable person, the Aging and Disability Services Division or the county’s office for protective services shall obtain the consent of the guardian before inspecting those records. If the Aging and Disability Services Division or the county’s office for protective services has reasonable cause to believe that the guardian is abusing, neglecting, exploiting, isolating or abandoning the older person or vulnerable person, the inspection may be conducted without the consent of the guardian, except that if the records to be inspected are in the personal possession of the guardian, the inspection must be approved by a court of competent jurisdiction.
(Added to NRS by 1995, 2249; A 1997, 1353, 2611, 2641; 1999, 139, 2242, 2247, 2248, 3521; 2015, 812; 2019, 3491)
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