STATUTES AND REGULATIONS

STATUTES AND REGULATIONS

The full text of Nevada Revised Statutes (NRS) and Nevada Administrative Code (NAC) can be found at: http://www.leg.state.nv.us/

The full text of federal statutes (laws), also known as the U.S. Code (U.S.C. or U.S.C.A.), or federal rules, also known as the Code of Federal Regulations (C.F.R.), may be found through many internet cites, one of which is: http://www.law.cornell.edu/

The full text of any cases cited in this chapter may be found through the county legal library or through the UNLV legal library.

NEVADA STATE STATUTES referenced

NRS 41.505 Physicians, nurses and emergency medical attendants; licensed medical facilities in which certain emergency obstetrical care is rendered.

1. Any physician or registered nurse who in good faith gives instruction or provides supervision to an emergency medical attendant or to a registered nurse, at the scene of an emergency or while transporting an ill or injured person from the scene of an emergency, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, in giving that instruction or providing that supervision. An emergency medical attendant or registered nurse who obeys an instruction given by a physician or registered nurse and thereby renders emergency care, at the scene of an emergency or while transporting an ill or injured person from the scene of an emergency, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, in rendering that emergency care.

2. Except as otherwise provided in subsection 3, any person licensed under the provisions of chapter 630, 632 or 633 of NRS, who renders emergency care or assistance in an emergency, gratuitously and in good faith, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by him in rendering the emergency care or assistance or as a result of any failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person. This section does not excuse a physician or nurse from liability for damages resulting from his acts or omissions which occur in a licensed medical facility relative to any person with whom there is a preexisting relationship as a patient.

3. Any person licensed under the provisions of chapter 630, 632 or 633 of NRS who renders emergency obstetrical care or assistance to a pregnant woman during labor or the delivery of the child is not liable for any civil damages as a result of any act or omission by him in rendering that care or assistance if:

(a) The care or assistance is rendered in good faith and in a manner not amounting to gross negligence or reckless, willful or wanton conduct;

(b) The person has not previously provided prenatal or obstetrical care to the woman; and

(c) The damages are reasonably related to or primarily caused by a lack of prenatal care received by the woman. A licensed medical facility in which such care or assistance is rendered is not liable for any civil damages as a result of any act or omission by the person in rendering that care or assistance if that person is not liable for any civil damages pursuant to this subsection and the actions of the medical facility relating to the rendering of that care or assistance do not amount to gross negligence or reckless, willful or wanton conduct.

4. Any person licensed under the provisions of chapter 630, 632 or 633 of NRS who:

(a) Is retired or otherwise does not practice on a full-time basis; and

(b) Gratuitously and in good faith, renders medical care within the scope of his license to an indigent person, is not liable for any civil damages as a result of any act or omission by him, not amounting to gross negligence or reckless, willful or wanton conduct, in rendering that care.

5. As used in this section, "emergency medical attendant" means a person licensed as an attendant or certified as an emergency medical technician, intermediate emergency medical technician or advanced emergency medical technician pursuant to chapter 450B of NRS.

NRS 41A.100 Expert testimony required; exceptions; rebuttable presumption of negligence.

1. Liability for personal injury or death is not imposed upon any provider of medical care based on alleged negligence in the performance of that care unless evidence consisting of expert medical testimony, material from recognized medical texts or treatises or the regulations of the licensed medical facility wherein the alleged negligence occurred is presented to demonstrate the alleged deviation from the accepted standard of care in the specific circumstances of the case and to prove causation of the alleged personal injury or death, except that such evidence is not required and a rebuttable presumption that the personal injury or death was caused by negligence arises where evidence is presented that the personal injury or death occurred in any one or more of the following circumstances:

(a) A foreign substance other than medication or a prosthetic device was unintentionally left within the body of a patient following surgery;

(b) An explosion or fire originating in a substance used in treatment occurred in the course of treatment;

(d) An injury was suffered during the course of treatment to a part of the body not directly involved in the treatment or proximate thereto; or

(e) A surgical procedure was performed on the wrong patient or the wrong organ, limb or part of a patient's body.

2. As used in this section, "provider of medical care" means a physician, dentist, registered nurse or a licensed hospital as the employer of any such person.

(Added to NRS by 1975, 406; A 1977, 955; 1985, 1754; 1997, 1219; 1999, 5)

NRS 41A.110 Consent of patient: When conclusively established. [Effective July 1, 1999.]

A physician licensed to practice medicine under the provisions of chapter 630 of NRS has conclusively obtained the consent of a patient for a medical or surgical procedure if he has done the following:

1. Explained to the patient in general terms without specific details, the procedure to be undertaken;

2. Explained to the patient alternative methods of treatment, if any, and their general nature;

3. Explained to the patient that there may be risks, together with the general nature and extent of the risks involved, without enumerating such risks; and

4. Obtained the signature of the patient to a statement containing an explanation of the procedure, alternative methods of treatment and risks involved, as provided in this section.

NRS 41A.120 Consent of patient: When implied. [Effective until July 1, 1999.]

In addition to the provisions of chapter 129 of NRS and any other instances in which a consent is implied or excused by law, a consent to any medical, surgical or dental procedure will be implied if:

1. In competent medical judgment, the proposed medical, surgical or dental procedure is reasonably necessary and any delay in performing such a procedure could reasonably be expected to result in death, disfigurement, impairment of faculties or serious bodily harm; and

2. A person authorized to consent is not readily available.

(Added to NRS by 1975, 408; A 1997, 1220; 1999, 5)

NRS 126.061 Artificial insemination.

1. If, under the supervision of a licensed physician and with the consent of her husband, a wife is inseminated artificially with semen donated by a man not her husband, the husband is treated in law as if he were the natural father of a child thereby conceived. The husband’s consent must be in writing and signed by him and his wife. The physician shall certify their signatures and the date of the insemination, and file the husband’s consent with the health division of the department of human resources, where it must be kept confidential and in a sealed file. The physician’s failure to do so does not affect the father and child relationship. All papers and records pertaining to the insemination, whether part of the permanent record of a court or of a file held by the supervising physician or elsewhere, are subject to inspection only upon an order of the court for good cause shown.

2. The donor of semen provided to a licensed physician for use in artificial insemination of a married woman other than the donor’s wife is treated in law as if he were not the natural father of a child thereby conceived.

NRS 129.030 Consent for examination and treatment.

1. A minor may give consent for the services provided in subsection 2 for himself or for his child, if he is:

(a) Living apart from his parents or legal guardian, with or without the consent of the parent, parents or legal guardian, and has so lived for a period of at least 4 months;

(b) Married or has been married;

(d) In a physician’s judgment, in danger of suffering a serious health hazard if health care services are not provided.

2. Except as otherwise provided in subsection 4, the consent of the parent or parents or the legal guardian of a minor is not necessary for a local or state health officer, board of health, licensed physician or public or private hospital to examine or provide treatment for any minor, included within the provisions of subsection 1, who understands the nature and purpose of the proposed examination or treatment and its probable outcome, and voluntarily requests it. The consent of the minor to examination or treatment pursuant to this subsection is not subject to disaffirmance because of minority.

3. A person who treats a minor pursuant to subsection 2 shall, before initiating treatment, make prudent and reasonable efforts to obtain his consent to communicate with his parent, parents or legal guardian, and shall make a note of such efforts in the record of his care. If the person believes that such efforts would jeopardize treatment necessary to the minor’s life or necessary to avoid a serious and immediate threat to the minor’s health, the person may omit such efforts and note the reasons for the omission in the record.

4. A minor may not consent to his sterilization.

5. In the absence of negligence, no person providing services pursuant to subsection 2 is subject to civil or criminal liability for providing those services.

6. The parent, parents or legal guardian of a minor who receives services pursuant to subsection 2 are not liable for the payment for those services unless the parent, parents or legal guardian has consented to such health care services. The provisions of this subsection do not relieve a parent, parents or legal guardian from liability for payment for emergency services provided to a minor pursuant to NRS 129.040.

NRS 129.040 When person standing in loco parentis may give consent for minor’s emergency hospitalization or medical attention.

Notwithstanding any other provision of law, in cases of emergency in which a minor is in need of immediate hospitalization, medical attention or surgery and, after reasonable efforts made under the circumstances, the parents of such minor cannot be located for the purpose of consenting thereto, consent for such emergency attention may be given by any person standing in loco parentis to such minor.

NRS 129.050 Abuse of controlled substance: Treatment authorized without consent of parent or guardian.

1. Any minor who is under the influence of, or suspected of being under the influence of, a controlled substance:

(a) May give express consent; or

(b) If unable to give express consent, shall be deemed to consent, to the furnishing of hospital, medical, urgical or other care for the treatment of abuse of drugs or related illnesses by any public or private hospital, medical facility, facility for the dependent or any licensed physician, and the consent of the minor is not subject to disaffirmance because of minority.

2. Immunity from civil or criminal liability extends to any physician or other person rendering care or treatment pursuant to subsection 1, in the absence of negligent diagnosis, care or treatment.

3. The consent of the parent or the legal guardian of the minor is not necessary to authorize such care, but any physician who treats a minor pursuant to this section shall make every reasonable effort to report the fact of treatment to the parent or parents or legal guardian within a reasonable time after treatment.

NRS 129.060 Sexually transmitted disease: Examination or treatment authorized without consent of parent or guardian.

Notwithstanding any other provision of law, the consent of the parent, parents or legal guardian of a minor is not necessary in order to authorize a local or state health officer, licensed physician or clinic to examine or treat, or both, any minor who is suspected of being infected or is found to be infected with any sexually transmitted disease.

NRS 441A.210 Rights and duties of person who depends exclusively on prayer for healing.

A person who has a communicable disease and depends exclusively on prayer for healing in accordance with the tenets and precepts of any recognized religious sect, denomination or organization is not required to submit to any medical treatment required by the provisions of this chapter, but may be isolated or quarantined in his home or other place of his choice acceptable to the health authority, and shall comply with all applicable rules, regulations and orders issued by the health authority.

(Added to NRS by 1989, 298)

NRS 441A.230 Disclosure of personal information prohibited without consent.

Except as otherwise provided in this chapter, a person shall not make public the name of, or other personal identifying information about, a person infected with a communicable disease who has been investigated by the health authority pursuant to this chapter, without the consent of the person.

NRS 441A.310 Examination and treatment of minor without consent.

Except as otherwise provided in NRS 441A.210, when any minor is suspected of having or is found to have a sexually transmitted disease, the health authority may require the minor to undergo examination and treatment, regardless of whether the minor or either of his parents consents to the examination and treatment.

NRS 442.252 Physician to certify informed consent, marital status and age of woman before performing abortion.

No physician may perform an abortion in this state unless, before he performs it, he certifies in writing that the woman gave her informed written consent, freely and without coercion. The physician shall further certify in writing the pregnant woman’s marital status and age based upon proof of age offered by her.

NRS 442.253 Requirements for informed consent.

1. The attending physician or a person meeting the qualifications established by regulations adopted by the health division shall accurately and in a manner which is reasonably likely to be understood by the pregnant woman:

(a) Explain that, in his professional judgment, she is pregnant and a copy of her pregnancy test is available to her.

(b) Inform her of the number of weeks which have elapsed from the probable time of conception.

(d) Describe the medical procedure to be used, its consequences and the proper procedures for her care after the abortion.

2. The attending physician shall verify that all material facts and information, which in his professional judgment are necessary to allow the woman to give her informed consent, have been provided to her and that her consent is informed.

3. If the woman does not understand English, the form indicating consent must be written in a language understood by her, or the attending physician shall certify on the form that the information required to be given has been presented in such a manner as to be understandable by her. If an interpreter is used, the interpreter must be named and reference to this use must be made on the form for consent.

NRS 449.600 Declaration relating to use of life-sustaining treatment.

1. A person of sound mind and 18 or more years of age may execute at any time a declaration governing the withholding or withdrawal of life-sustaining treatment. The declarant may designate another natural person of sound mind and 18 or more years of age to make decisions governing the withholding or withdrawal of life-sustaining treatment. The declaration must be signed by the declarant, or another at the declarant’s direction, and attested by two witnesses.

2. A physician or other provider of health care who is furnished a copy of the declaration shall make it a part of the declarant’s medical record and, if unwilling to comply with the declaration, promptly so advise the declarant and any person designated to act for the declarant.

NRS 449.624 Treatment of qualified patients; withholding or withdrawal of artificial nutrition and hydration; treatment of pregnant patient.

1. A qualified patient may make decisions regarding life-sustaining treatment so long as he is able to do so.

2. NRS 449.535 to 449.690, inclusive, do not affect the responsibility of the attending physician or other provider of health care to provide treatment for a patient’s comfort or alleviation of pain.

3. Artificial nutrition and hydration by way of the gastro-intestinal tract shall be deemed a life-sustaining treatment and must be withheld or withdrawn from a qualified patient unless a different desire is expressed in writing by the patient. For a patient who has no effective declaration, artificial nutrition and hydration must not be withheld unless a different desire is expressed in writing by his authorized representative or the family member with the authority to consent or withhold consent.

4. Life-sustaining treatment must not be withheld or withdrawn pursuant to a declaration from a qualified patient known to the attending physician to be pregnant so long as it is probable that the fetus will develop to the point of live birth with continued application of life-sustaining treatment.

NRS 449.710 Specific rights: Information concerning facility, treatment and billing.

Every patient of a medical facility or facility for the dependent has the right to:

1. Receive information concerning any other medical or educational facility or facility for the dependent associated with the facility at which he is a patient which relates to his care.

2. Obtain information concerning the professional qualifications or associations of the persons who are treating him.

3. Receive the name of the person responsible for coordinating his care in the facility.

4. Be advised if the facility in which he is a patient proposes to perform experiments on patients which affect his own care or treatment.

5. Receive from his physician a complete and current description of his diagnosis, plan for treatment and prognosis in terms which he is able to understand. If it is not medically advisable to give this information to the patient, the physician shall:

(a) Provide the information to an appropriate person responsible for the patient; and

(b) Inform that person that he shall not disclose the information to the patient.

6. Receive from his physician the information necessary for him to give his informed consent to a procedure or treatment. Except in an emergency, this information must not be limited to a specific procedure or treatment and must include:

(a) A description of the significant medical risks involved;

(b) Any information on alternatives to the treatment or procedure if he requests that information;

(d) The costs likely to be incurred for the treatment or procedure and any alternative treatment or procedure.

7. Examine the bill for his care and receive an explanation of the bill, whether or not he is personally responsible for payment of the bill.

8. Know the facility’s regulations concerning his conduct at the facility.

NRS 449.720 Specific rights: Care; refusal of treatment and experimentation; privacy;

notice of appointments and need for care.

Every patient of a medical facility or facility for the dependent has the right to:

1. Receive considerate and respectful care.

2. Refuse treatment to the extent permitted by law and to be informed of the consequences of that refusal.

3. Refuse to participate in any medical experiments conducted at the facility.

4. Retain his privacy concerning his program of medical care. Discussions of a patient’s care, consultation with other persons concerning the patient, examinations or treatments, and all communications and records concerning the patient, except as otherwise provided in NRS 108.640 and 449.705 and chapter 629 of NRS, are confidential. The patient must consent to the presence of any person who is not directly involved with his care during any examination, consultation or treatment.

5. Have any reasonable request for services reasonably satisfied by the facility considering its ability to do so.

6. Receive continuous care from the facility. The patient must be informed:

(a) Of his appointments for treatment and the names of the persons available at the facility for those treatments; and

(b) By his physician or an authorized representative of the physician, of his need for continuing care.

NRS 449.740 Procedure to insert implant in breast of patient: Informed consent required; withdrawal of consent; penalty.

1. A physician shall not perform any procedure to insert an implant in the breast of a patient unless within 5 days before the procedure is performed he has:

(a) Discussed with the patient and any other person whose consent is required pursuant to paragraph (b), the advantages, disadvantages and risks associated with the procedure; and

(1) The patient if he is 18 years of age or over or legally emancipated and competent to give that consent, and from his legal guardian, if any;

(2) The parent or guardian of a patient under 18 years of age and not legally emancipated; or

(3) The legal guardian of a patient of any age who has been adjudicated mentally incompetent, and the required consent was not withdrawn pursuant to subsection 3 before the procedure began.

. An informed consent requires that the person whose consent is sought be adequately informed as to:

(a) The nature and consequences of the procedure;

(b) The reasonable risks, possible side effects, benefits and purposes of the procedure; and

3. The consent of a patient or other person whose consent is required pursuant to paragraph (b) of subsection 1 may be withdrawn in writing at any time before the procedure has begun, with or without cause.

4. A physician satisfies the requirements of:

(a) Paragraph (a) of subsection 1 if he provides the patient and any other person whose consent is required pursuant to paragraph (b) of subsection 1 with a copy of the current explanation form prepared by the health division pursuant to NRS 449.750 in a language that the person is able to read.

(b) Paragraph (b) of subsection 1 if the person or persons whose consent is required sign a copy of the current consent form prepared by the health division pursuant to NRS 449.750 freely and without coercion and the consent is not withdrawn pursuant to subsection 3 before the procedure has begun. The consent form must be in a language that the person who signs the form is able to read.

5. Any person who violates the provisions of this section is guilty of a misdemeanor.

NRS 449.750 Procedure to insert implant in breast of patient: Contents of explanation form and consent form; fee for forms.

1. The health division shall prepare and provide to physicians upon request:

(a) An explanation form for a procedure to insert an implant in the breast of a person which includes:

(1) An explanation of the advantages, disadvantages and risks associated with a procedure to insert an implant in the breast of a person, including any known side effects; and

(2) Any other information the health division determines to be useful to a person contemplating a procedure to insert an implant in the breast; and

(b) A consent form for a procedure to insert an implant in the breast of a person which includes:

(1) The nature and consequences of the procedure;

(2) The reasonable risks, possible side effects, benefits and purposes of the procedure; and

(3) Any alternative procedures available.

2. The health division shall revise the explanation form and consent form as necessary to keep the medical information current.

3. The health division shall charge and collect a fee for all forms distributed pursuant to this section that is adequate to cover the cost of producing the forms.

NRS 457.250 Records of health care facility: Availability to state health officer; abstracting of information; fees; penalty.

1. The chief administrative officer of each health care facility in this state shall make available to the state health officer or his representative the records of the health care facility for every case of malignant neoplasms which are specified by the state board of health as subject to reporting.

2. The health division shall abstract from the records of the health care facility or shall require the health care facility to abstract from their own records such information as is required by the state board of health.

3. The board shall by regulation adopt a schedule of fees which must be assessed to the health care facility for each case from which information is abstracted by the health division or by the health care facility pursuant to subsection 2. The fee assessed to a facility which abstracts information from its own records must not exceed one-third of the amount assessed to facilities for which the health division abstracts.

4. Any person who violates this section is guilty of a misdemeanor.

(Added to NRS by 1983, 1677, 1678; A 1993, 174)

NRS 457.270 Consent required before disclosure of identity of patient, physician or health care facility.

The health division shall not reveal the identity of any patient, physician or health care facility which is involved in the reporting required by NRS 457.250 unless the patient, physician or health care facility gives his or its prior written consent to such a disclosure.

NRS 629.151 Obtaining genetic information of person without consent unlawful; exceptions.

It is unlawful to obtain any genetic information of a person without first obtaining the informed consent of the person or the person’s legal guardian pursuant to NRS 629.181, unless the information is obtained:

1. By a federal, state, county or city law enforcement agency to establish the identity of a person or dead human body;

2. To determine the parentage or identity of a person pursuant to NRS 56.020;

3. To determine the paternity of a person pursuant to NRS 126.121 or 425.384;

4. For use in a study where the identities of the persons from whom the genetic information is obtained are not disclosed to the person conducting the study;

5. To determine the presence of certain inheritable disorders in an infant pursuant to NRS 442.115 or a provision of federal law; or

6. Pursuant to an order of a court of competent jurisdiction.

NRS 629.161 Retention of genetic information of person without consent unlawful; exceptions; destruction of genetic information.

1. It is unlawful to retain genetic information that identifies a person, without first obtaining the informed consent of the person or the person’s legal guardian pursuant to NRS 629.181, unless retention of the genetic information is:

(a) Necessary to conduct a criminal investigation, an investigation concerning the death of a person or a criminal or juvenile proceeding;

(b) Authorized pursuant to an order of a court of competent jurisdiction; or

2. A person who has authorized another person to retain his genetic information may request that person to destroy the genetic information. If so requested, the person who retains that genetic information shall destroy the information, unless retention of that information is:

(a) Necessary to conduct a criminal investigation, an investigation concerning the death of a person or a criminal or juvenile proceeding;

(b) Authorized by an order of a court of competent jurisdiction;

(d) Authorized or required by state or federal law or regulation.

3. Except as otherwise provided in subsection 4 or by federal law or regulation, a person who obtains the genetic information of a person for use in a study shall destroy that information upon:

(a) The completion of the study;

(b) The withdrawal of the person from the study, whichever occurs first.

4. A person whose genetic information is used in a study may authorize the person who conducts the study to retain that genetic information after the study is completed or upon his withdrawal from the study.

NRS 629.171 Disclosure of genetic information of person without consent unlawful; exceptions.

It is unlawful to disclose or to compel a person to disclose the identity of a person who was the subject of a genetic test or to disclose genetic information of that person in a manner that allows identification of the person, without first obtaining the informed consent of that person or his legal guardian pursuant to NRS 629.181, unless the information is disclosed:

1. To conduct a criminal investigation, an investigation concerning the death of a person or a criminal or juvenile proceeding;

2. To determine the parentage or identity of a person pursuant to NRS 56.020;

3. To determine the paternity of a person pursuant to NRS 126.121 or 425.384;

4. Pursuant to an order of a court of competent jurisdiction;

5. By a physician and is the genetic information of a deceased person that will assist in the medical diagnosis of persons related to the deceased person by blood;

6. To a federal, state, county or city law enforcement agency to establish the identity of a person or dead human body;

7. To determine the presence of certain inheritable preventable disorders in an infant pursuant to NRS 442.115 or a provision of federal law; or

8. By an agency of criminal justice pursuant to NRS 179A.075.

NRS 629.181 Procedure for obtaining consent of person.

1. Except as otherwise provided in subsection 2, the state board of health shall by regulation:

(a) Establish a procedure for obtaining the informed consent of a person pursuant to NRS 629.101 to 629.201, inclusive, and

(b) Prescribe a form for use in obtaining the informed consent of a person. The form must include:

(1) Information relating to the use and confidentiality of the genetic information of the person set forth in NRS 629.101 to 629.201, inclusive, and

(2) Any other information the state board of health may prescribe.

2. The state board of health is not required to adopt regulations establishing a procedure for obtaining the informed consent of a person pursuant to NRS 629.101 to 629.201, inclusive, if the procedure for obtaining that consent is required by federal law or regulation.