What a provider can and can't say in Nevada
The national baseline below is the research's illustrative example, not a template that has been cleared for your practice. The state bullets and the practice-type rows are the rules this research recorded for this jurisdiction.
Illustrative only, not guaranteed legally safe; have a qualified lawyer review any template before use: "Thank you for your feedback. We take every concern seriously, but privacy rules prevent us from discussing anyone's care online. Please call our office manager at [phone] so we can talk directly." Do not confirm that the reviewer is a patient and do not mention treatment details. [F-007, F-024]
HIPAA is not a tool for removing criticism. It limits what covered practices may disclose; it does not restrict what patients may say about their own care. A practice cannot use HIPAA to force a review down. [F-007, F-003]
Review-response rule by practice type
| Practice category | HIPAA status | Applies without HIPAA? | Review-response rule source |
|---|---|---|---|
| Cosmetic/plastic surgery | Depends: covered only if it conducts HIPAA standard electronic transactions (incl. via billing agent); many cash-only cosmetic surgeons are not | Yes - applies to licensed providers regardless of HIPAA status | No statute specific to reviews; physician discipline for disclosure of privileged communications (630.3065); dental equivalent unverified |
| Cosmetic dentistry | Usually yes if it files any electronic dental claims; cash-only dental is not | Yes - applies to licensed providers regardless of HIPAA status | No statute specific to reviews; physician discipline for disclosure of privileged communications (630.3065); dental equivalent unverified |
| General medical/dermatology (elective cosmetic) | Usually yes (insurance billing); covered status applies to all PHI incl. cash cosmetic patients | Yes - applies to licensed providers regardless of HIPAA status | No statute specific to reviews; physician discipline for disclosure of privileged communications (630.3065); dental equivalent unverified |
| Medical med spa | Depends; cash-only med spas often not covered | Yes - applies to licensed providers regardless of HIPAA status | No statute specific to reviews; physician discipline for disclosure of privileged communications (630.3065); dental equivalent unverified |
| Nonmedical aesthetic business | Generally no (not a health care provider billing electronically) | Not a privilege holder; NRS 603A.400+ consumer health data law applies | No statute specific to reviews; physician discipline for disclosure of privileged communications (630.3065); dental equivalent unverified |
- Consumer privacy and health data law: Nevada has a consumer health data law (NRS 603A.400+) but no general consumer privacy law. It exempts HIPAA-covered practices as a whole (an entity-level exemption). [NV-001, NV-003]
- Data breach notification: Its data breach law covers only some health-related information (Limited (medical/insurance ID numbers only)). [NV-004]
- Patient confidentiality duties: Patient confidentiality duties come mainly from licensing-board discipline rules and the patient privilege. [NV-005, NV-006]
- Patient confidentiality duties: The licensing board can discipline knowing disclosures of confidential information (Knowing or willful (physicians, 630.3065); dentists: no express ground in 631.3475; NAC 631 not read). [NV-005, NV-011]
- Lawsuits by individuals: No private right of action was located in the statutes reviewed (No (603A); torts); other claims, such as privacy torts, may still exist. [NV-003, NV-010]
- Research notes and gaps: Nevada has a reported likeness statute (NRS 597.770 and following), but its text was not verified in this research (a gap). [U-98]
- Med spa rules: Med spas: no med-spa-specific statute was found, but binding rules govern who may perform or supervise cosmetic medical procedures (binding statute). [NV-008]
- Enforcement located: Strongest state enforcement evidence located: allegations or media reports only (E3). Not finding enforcement does not mean none exists.† [NV-009]
† Marked statements rely in part on a copy of the source hosted on an unofficial website, or on a finding this research rated lower confidence. Check the official source before relying on them.
Sources:
- [NV-001] NRS 603A.400-.550 603A.430, .540 (https://www.leg.state.nv.us/NRS/NRS-603A.html)
- [NV-003] NRS 603A.550 (https://www.leg.state.nv.us/NRS/NRS-603A.html)
- [NV-004] NRS 603A.040, .220 (https://www.leg.state.nv.us/NRS/NRS-603A.html)
- [NV-005] NRS 630.3065(1); 630.304(2) (https://www.leg.state.nv.us/NRS/NRS-630.html)
- [NV-006] NRS 49.225, 49.245 (https://www.leg.state.nv.us/NRS/NRS-049.html)
- [NV-008] NRS 644A.545 (https://www.leg.state.nv.us/NRS/NRS-644A.html)
- [NV-009] Tausinga v. Hankins & Sohn Plastic Surgery Associates (D. Nev.) docket number not verified (https://www.fox5vegas.com/2023/11/07/las-vegas-plastic-surgery-practice-sued-after-cyber-hack-leak-patient-photos-data/)
- [NV-010] PETA v. Bobby Berosini, Ltd., 111 Nev. 615, 895 P.2d 1269 (1995) pinpoint not verified (https://www.courtlistener.com/opinion/1265645/people-for-ethical-treatment-of-animals-v-bobby-berosini-ltd/)
- [NV-011] NRS 49.215(2), 49.225; NRS 631.3458(2); 631.3475(15) (https://www.leg.state.nv.us/NRS/NRS-631.html)
*Educational information, not legal advice. Last reviewed October 22, 2026.*
State comparison
All 5 rows from the research matrix are in this table. Filters and sorting run in the browser after the page loads. Statutory maximums are ceilings, not typical outcomes.
| Nevada (NV) | Cosmetic/plastic surgery | Depends: covered only if it conducts HIPAA standard electronic transactions (incl. via billing agent); many cash-only cosmetic surgeons are not | No general statutory medical confidentiality duty located; NRS 630.3065(1) (physician discipline); NRS 49.225 privilege | Yes - applies to licensed providers regardless of HIPAA status | NRS 603A.400-.550 consumer health data (ENTITY-level HIPAA exemption) | NRS 603A.220: only medical ID/health insurance ID numbers covered; most expedient time; no fixed days | No statute specific to reviews; physician discipline for disclosure of privileged communications (630.3065); dental equivalent unverified | HIPAA if covered; otherwise 603A consent for consumer health data if not HIPAA-subject; common-law appropriation | NRS 597.770-.810 right of publicity (not verified in this batch) | No private action under 603A health-data law; common-law torts; NV Consumer Fraud Act (NRS 41.600) pleaded in Hankins case (allegation) | Board of Medical Examiners, Board of Osteopathic Medicine, Board of Dental Examiners, Board of Cosmetology, AG | Deceptive trade practice remedies via NRS 598 (amounts not verified this batch); licensing discipline | E3 (Hankins & Sohn class action allegations, media-reported); E4 (no AG 603A health-data action located) | Medium-High | 2026-10-22 |
| Nevada (NV) | Cosmetic dentistry | Usually yes if it files any electronic dental claims; cash-only dental is not | No general statutory medical confidentiality duty located; NRS 630.3065(1) (physician discipline); NRS 49.225 privilege | Yes - applies to licensed providers regardless of HIPAA status | NRS 603A.400-.550 consumer health data (ENTITY-level HIPAA exemption) | NRS 603A.220: only medical ID/health insurance ID numbers covered; most expedient time; no fixed days | No statute specific to reviews; physician discipline for disclosure of privileged communications (630.3065); dental equivalent unverified | HIPAA if covered; otherwise 603A consent for consumer health data if not HIPAA-subject; common-law appropriation | NRS 597.770-.810 right of publicity (not verified in this batch) | No private action under 603A health-data law; common-law torts; NV Consumer Fraud Act (NRS 41.600) pleaded in Hankins case (allegation) | Board of Medical Examiners, Board of Osteopathic Medicine, Board of Dental Examiners, Board of Cosmetology, AG | Deceptive trade practice remedies via NRS 598 (amounts not verified this batch); licensing discipline | E3 (Hankins & Sohn class action allegations, media-reported); E4 (no AG 603A health-data action located) | Medium-High | 2026-10-22 |
| Nevada (NV) | General medical/dermatology (elective cosmetic) | Usually yes (insurance billing); covered status applies to all PHI incl. cash cosmetic patients | No general statutory medical confidentiality duty located; NRS 630.3065(1) (physician discipline); NRS 49.225 privilege | Yes - applies to licensed providers regardless of HIPAA status | NRS 603A.400-.550 consumer health data (ENTITY-level HIPAA exemption) | NRS 603A.220: only medical ID/health insurance ID numbers covered; most expedient time; no fixed days | No statute specific to reviews; physician discipline for disclosure of privileged communications (630.3065); dental equivalent unverified | HIPAA if covered; otherwise 603A consent for consumer health data if not HIPAA-subject; common-law appropriation | NRS 597.770-.810 right of publicity (not verified in this batch) | No private action under 603A health-data law; common-law torts; NV Consumer Fraud Act (NRS 41.600) pleaded in Hankins case (allegation) | Board of Medical Examiners, Board of Osteopathic Medicine, Board of Dental Examiners, Board of Cosmetology, AG | Deceptive trade practice remedies via NRS 598 (amounts not verified this batch); licensing discipline | E3 (Hankins & Sohn class action allegations, media-reported); E4 (no AG 603A health-data action located) | Medium-High | 2026-10-22 |
| Nevada (NV) | Medical med spa | Depends; cash-only med spas often not covered | No general statutory medical confidentiality duty located; NRS 630.3065(1) (physician discipline); NRS 49.225 privilege | Yes - applies to licensed providers regardless of HIPAA status | NRS 603A.400-.550 consumer health data (ENTITY-level HIPAA exemption) | NRS 603A.220: only medical ID/health insurance ID numbers covered; most expedient time; no fixed days | No statute specific to reviews; physician discipline for disclosure of privileged communications (630.3065); dental equivalent unverified | HIPAA if covered; otherwise 603A consent for consumer health data if not HIPAA-subject; common-law appropriation | NRS 597.770-.810 right of publicity (not verified in this batch) | No private action under 603A health-data law; common-law torts; NV Consumer Fraud Act (NRS 41.600) pleaded in Hankins case (allegation) | Board of Medical Examiners, Board of Osteopathic Medicine, Board of Dental Examiners, Board of Cosmetology, AG | Deceptive trade practice remedies via NRS 598 (amounts not verified this batch); licensing discipline | E3 (Hankins & Sohn class action allegations, media-reported); E4 (no AG 603A health-data action located) | Medium-High | 2026-10-22 |
| Nevada (NV) | Nonmedical aesthetic business | Generally no (not a health care provider billing electronically) | No general statutory medical confidentiality duty located; NRS 630.3065(1) (physician discipline); NRS 49.225 privilege | Not a privilege holder; NRS 603A.400+ consumer health data law applies | NRS 603A.400-.550 consumer health data (ENTITY-level HIPAA exemption) | NRS 603A.220: only medical ID/health insurance ID numbers covered; most expedient time; no fixed days | No statute specific to reviews; physician discipline for disclosure of privileged communications (630.3065); dental equivalent unverified | HIPAA if covered; otherwise 603A consent for consumer health data if not HIPAA-subject; common-law appropriation | NRS 597.770-.810 right of publicity (not verified in this batch) | No private action under 603A health-data law; common-law torts; NV Consumer Fraud Act (NRS 41.600) pleaded in Hankins case (allegation) | Board of Medical Examiners, Board of Osteopathic Medicine, Board of Dental Examiners, Board of Cosmetology, AG | Deceptive trade practice remedies via NRS 598 (amounts not verified this batch); licensing discipline | E3 (Hankins & Sohn class action allegations, media-reported); E4 (no AG 603A health-data action located) | Medium-High | 2026-10-22 |
Cases this research tied to this jurisdiction
Settlements and consent orders resolve allegations. They are not court findings that the law was broken. Dollar amounts are the amounts recorded for that matter, not a prediction.
Tausinga et al. v. Hankins & Sohn Plastic Surgery Associates
U.S. District Court, D. Nev. · NV · 2023 (filed; amended complaint 2023-09-15)
- Provider type
- Plastic surgery
- Relevant facts
- Alleged breach led to extortion and publication of consultation and nude photos
- Legal issues
- Negligence, implied contract, unjust enrichment, NV Consumer Fraud Act (as reported)
- Holding, findings, allegations or settlement terms
- Allegations only (media report)
- Consequences recorded
- None / unknown
- Procedural status
- Unknown. No matching D. Nev. docket located (V-022); media report only.
- Precedential?
- No (settlement/administrative/allegation)
- Why it is in this research
- Breach of photo data
Related pages
Topics
† Marked statements rely in part on a copy of the source hosted on an unofficial website, or on a finding this research rated lower confidence. Check the official source before relying on them.
Sources
NV-001. NRS 603A.400-.550
Consumer health data law (SB 370, 2023) covers data on health-related surgeries or procedures and inferred data, requires consent for collection/sharing, and bans geofences within 1,750 feet of in-person health care.
Statute · Explicit · High
NV-003. NRS 603A.550
Consumer health data violations are deceptive trade practices; no private right of action.
Statute · Explicit · High · AG enforcement under NRS 598.
NV-004. NRS 603A.040, .220
Breach law 'personal information' includes medical ID or health insurance ID numbers but not general medical information; notice in the most expedient time possible without unreasonable delay.
Statute · Explicit · High · No fixed day deadline.
NV-005. NRS 630.3065(1); 630.304(2)
Physicians: knowingly or willfully disclosing a communication privileged by statute or court order is grounds for discipline; false advertising also.
Statute · Explicit · High · Board of Medical Examiners.
NV-006. NRS 49.225, 49.245
Doctor-patient privilege (evidentiary) protects confidential communications; exceptions in 49.245.
Statute · Explicit · High · Evidentiary privilege, not a general nondisclosure duty; no general NV medical confidentiality statute located.
NV-011. NRS 49.215(2), 49.225; NRS 631.3458(2); 631.3475(15)
Dental: the evidentiary doctor-patient privilege covers dentists (NRS 49.215(2) defines 'doctor' to include persons licensed to practice dentistry). The dental unprofessional-conduct list (NRS 631.3475) has no express confidentiality ground, but NRS 631.3458(2) states that the chapter and Board regulations include requirements concerning the confidentiality of patient information. Requiring a patient to sign an agreement restricting complaints to the Board is unprofessional conduct (631.3475(15)).
Statute · Explicit · High · Board confidentiality regulations (NAC 631) not read (U-18). Privilege is evidentiary; out-of-court disclosure duties rest on HIPAA, board rules and torts (inference). Added 2026-10-22 (V-048).
NV-010. PETA v. Bobby Berosini, Ltd., 111 Nev. 615, 895 P.2d 1269 (1995)
Nevada recognizes intrusion-upon-seclusion elements (PETA v. Bobby Berosini).
Judicial decision · Explicit (case located) · Medium
NV-008. NRS 644A.545
Advanced estheticians may perform nonablative esthetic medical procedures only under supervision of a health care professional (real-time availability; within 60 miles/60 minutes).
Statute · Explicit · High · Esthetician privacy obligations come mainly from 603A consumer health data law, FTC Act, and torts.
NV-009. Tausinga v. Hankins & Sohn Plastic Surgery Associates (D. Nev.)
Putative federal class action against a Las Vegas plastic surgery practice alleging inadequate security led to extortion and publication of consultation/nude photos; claims include negligence and Nevada Consumer Fraud Act.
Litigation (allegations) · Explicit (media report of complaint) · Low-Medium · Media report; docket and outcome not verified.
NRS-630. NRS-630
This reference id is cited in the publication and is not a row in the claim register supplied with it.
NRS-049. NRS-049
This reference id is cited in the publication and is not a row in the claim register supplied with it.
NRS-631. NRS-631
This reference id is cited in the publication and is not a row in the claim register supplied with it.
F-007. 45 CFR 164.502(a)
Covered entities may not use or disclose PHI except as permitted or required by the Privacy Rule.
Regulation · Explicit · High · No Privacy Rule exception permits disclosing PHI to rebut an online review; OCR's review cases cite 164.502(a).
https://www.ecfr.gov/current/title-45/subtitle-A/subchapter-C/part-164/subpart-E/section-164.502
F-024. HHS OCR resolution agreements
OCR has resolved at least four review-response matters against dental/medical practices: Elite Dental ($10,000, 2019), UPI/Igbinadolor ($50,000 CMP, 2022), New Vision Dental ($23,000, 2022), Manasa Health Center ($30,000, 2023).
Enforcement (resolution agreements / CMP) · Explicit · High · Resolution agreements include no admission of liability; UPI was a CMP after failure to respond (not a litigated judicial finding).
https://www.hhs.gov/hipaa/for-professionals/compliance-enforcement/agreements/index.html
F-003. 45 CFR 160.103
PHI covers individually identifiable health information in any form or medium held by a covered entity or business associate; excludes FERPA and employment records and persons deceased >50 years.
Regulation · Explicit · High
https://www.ecfr.gov/current/title-45/subtitle-A/subchapter-C/part-160/subpart-A/section-160.103
V-022. V-022
This reference id is cited in the publication and is not a row in the claim register supplied with it.
U-98. U-98 · Open
Residual recurring gaps (consolidates remainders of U-61, U-70, U-79, U-88): dental-board confidentiality grounds not read in ID, NM, AL, KY, LA, MS, AR, OK, TN, KS, NE, WV, VT, NH, ME, RI, AK and NV (NAC 631); likeness statutes not read in AL (6-5-770), KY (391.170), OK (12 O.S. 1449), IN (IC 32-36), NV (597.770), MI and MO; common-law likeness/confidentiality torts not researched where marked in the matrix. (Med spa rules for the 16 previously unresearched jurisdictions were classified in final phase part 2: see U-99 for sources still needing official text.)
High priority · All