Law / United States / 
Nevada
Geofence ban near health care facilities
In force since .
A sensitive categories rule binding private bodies.
- Instrument type
- an act of a legislature
- Obligation class
- Prohibition
As of .
What it requires
- This binds a person, which in the Nevada Revised Statutes means a natural person, any form of business or social organization or any other nongovernmental legal entity, unless a particular statute provides otherwise (NRS 0.039 and 603A.540(1)).
- Do not implement a geofence within 1,750 feet of any medical facility, facility for the dependent or any other person or entity that provides in-person health care services or products for the purpose of identifying or tracking consumers seeking in-person health care services or products (NRS 603A.540(1)(a)).
- Do not implement a geofence within 1,750 feet of any such facility, person or entity for the purpose of collecting consumer health data (NRS 603A.540(1)(b)).
- Do not implement a geofence within 1,750 feet of any such facility, person or entity for the purpose of sending notifications, messages or advertisements to consumers related to their consumer health data or health care services or products (NRS 603A.540(1)(c)).
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Criminal exposureYes
Private right of actionNo
Criminal exposure note
Through the deceptive-trade-practice deeming of NRS 603A.550(1), a natural person, firm, or officer or managing agent of a corporation or association who knowingly and willfully engages in a deceptive trade practice is guilty of a misdemeanor, or of a felony where the offense involves a loss of property or services above a stated value (NRS 598.0999(3)).
Penalty structure
NRS 603A.550(1) deems a violation of NRS 603A.400 to 603A.550 a deceptive trade practice under NRS 598.0903 to 598.0999. NRS 598.0999(2) then lets the Commissioner, the Director, a district attorney or the Attorney General recover a civil penalty of not more than $15,000 for each violation the court finds willful.
- Rule
- Per violation only
- As of
- Currency
- USD
- Per violation unit
- Violation
- Per violation amount
- 15,000
Who enforces it
Enforcement body
The Commissioner, the Director, a district attorney of any county in Nevada or the Attorney General, through NRS 603A.550's deeming of a violation as a deceptive trade practice under NRS 598.0903 to 598.0999.
What this law does
A person must not implement a geofence within 1,750 feet of any medical facility, facility for the dependent or any other person or entity that provides in-person health care services or products for the purpose of identifying or tracking consumers seeking in-person health care services or products, collecting consumer health data, or sending notifications, messages or advertisements to consumers related to their consumer health data or health care services or products.
A geofence is technology that uses coordinates for global positioning, connectivity to cellular towers, cellular data, radio frequency identification, wireless Internet data or any other form of detecting the physical location of a person to establish a virtual boundary with a radius of 1,750 feet or less around a specific physical location. A violation of NRS 603A.400 to 603A.550, inclusive, constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.
NRS 603A.400 to 603A.550, inclusive, do not create a private right of action. In the Nevada Revised Statutes, unless a particular statute expressly provides otherwise or the context requires otherwise, a person is a natural person, any form of business or social organization, or any other nongovernmental legal entity, including a corporation, partnership, association, trust or unincorporated organization. The act that added the section became effective on .
When LexLint raises it
When your app profile says your app tracks devices.