Nev. Rev. Stat. ch. 449A – Care and Rights of Patients | Midpage

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Nevada Revised Statutes

Chapter 449A

Nev. Rev. Stat. ch. 449A

Care and Rights of Patients

449A.001Definitions 449A.007“Board” defined 449A.017“Division” defined 449A.031“Facility for the dependent” defined 449A.045“Hospital” defined 449A.050“Medical facility” defined 449A.064“Provider of health care” defined 449A.071“Registered nurse” defined 449A.074“Residential facility for groups” defined 449A.081“Terminally ill” defined 449A.100Facility to provide necessary services or arrange for transfer of patient; explanation of need for transfer and alternatives available 449A.103Facility to forward medical records upon certain transfers of patient 449A.106Specific rights: Information concerning facility; treatment; billing; visitation 449A.109Specific rights: Designation of persons authorized to visit patient in facility 449A.112Specific rights: Care; refusal of treatment and experimentation; privacy; notice of appointments and need for care; confidentiality of information concerning patient 449A.113Rights of patient of program of hospice care; explanation of services 449A.114Certain facilities to notify patient and State Long-Term Care Ombudsman of intent to transfer patient and provide opportunity for patient or representative to meet with administrator; exceptions 449A.115Owner and administrator of certain facility prohibited from receiving certain money or property from resident or former resident; exception 449A.118Patient to be informed of rights upon admission to facility; required disclosures and notices 449A.1185Rights of parent or guardian of newborn child receiving care in neonatal intensive care unit 449A.119Provision of information by off-campus location of hospital where emergency room services are provided 449A.121Procedure to insert implant in breast of patient: Informed consent required; withdrawal of consent; penalty 449A.124Procedure to insert implant in breast of patient: Contents of explanation form and consent form; fee for forms 449A.140Short title 449A.141Definitions 449A.142“Contraception and family planning services” defined 449A.143“Governmental entity” defined 449A.144“Provider of health care” defined 449A.146Applicability 449A.148Governmental entity prohibited from enacting or implementing certain limitations or requirements concerning contraception and family planning services; exception; relief; finding of vexatious litigant 449A.150Definitions 449A.153“Hospital care” defined 449A.156“Responsible party” defined 449A.159Limitations on efforts of hospitals to collect; date for accrual of interest; rate of interest; limitations on additional fees 449A.162Limitations on efforts of hospital to collect when hospital has contractual agreement with third party that provides health coverage for care provided; return to patient of any excess amount collected; exception 449A.165Manner of collection 449A.170Definitions 449A.171“Covered facility” defined 449A.1715“Facility for intermediate care” defined 449A.172“Facility for skilled nursing” defined 449A.174“Guardian” defined 449A.175“Home for individual residential care” defined 449A.176“Living quarters” defined 449A.178“Representative” defined 449A.179“Senior living community” defined 449A.180Requirements for representative of patient 449A.182Request for installation and use: Contents; form; approval; facility to attempt to accommodate patient if roommate refuses consent; withdrawal 449A.184Responsibilities of patient; requirements for device 449A.186Prohibitions; exceptions 449A.188Penalties 449A.190Facility to post notice where device is in use; employee prohibited from refusing to perform duties because of device 449A.192Regulations; inapplicability where device installed by law enforcement agency 449A.200Definitions 449A.203“Aversive intervention” defined 449A.206“Chemical restraint” defined 449A.209“Corporal punishment” defined 449A.212“Electric shock” defined 449A.215“Emergency” defined 449A.218“Facility” defined 449A.221“Mechanical restraint” defined 449A.224“Person with a disability” defined 449A.227“Physical restraint” defined 449A.230“Verbal and mental abuse” defined 449A.233Aversive intervention: Prohibition on use 449A.236Forms of restraint: Restrictions on use 449A.239Physical restraint: Permissible use; report of use in emergency 449A.242Mechanical restraint: Permissible use; report of use in emergency 449A.245Chemical restraint: Permissible use; report of use 449A.248Authorized use of certain forms of restraint by certain facilities 449A.251Education and training of members of staff of facility 449A.254Violations: Criminal penalties; ineligibility for employment; disciplinary action 449A.257Violations: Report required; development and review of and compliance with corrective plan 449A.260Prohibition on retaliation against person for reporting or providing information regarding violation 449A.263Entry of denial of rights in patient’s record; notice and report of denial; action by Division 449A.270Definitions 449A.272“Emergency” defined 449A.274“Representative of the resident” defined 449A.276“Resident” defined 449A.278Prohibition on certain persons serving as representative of resident; exception 449A.280Required provisions of contract for delivery of services 449A.282Limitations on transfer or involuntary discharge; opportunity to cure delinquency; duty to attempt to resolve circumstances with potential to result in involuntary discharge 449A.284Notices concerning discharge of resident 449A.286Assistance to and consultation with resident concerning discharge 449A.300Definitions 449A.303Aftercare” defined 449A.306Caregiver” defined 449A.309Representative of the patient” defined 449A.312Designation of caregiver for a patient, removal of designation and designation of new caregiver under certain circumstances; designation does not establish obligation to patient 449A.315Hospital to provide opportunity to designate caregiver for patient before discharge or when patient regains competence 449A.318Hospital to record designation or change of caregiver and request consent to release medical information to caregiver if required; hospital to record declination to designate caregiver 449A.321Hospital to attempt to notify caregiver before planned discharge or transfer of patient 449A.324Hospital to attempt to provide caregiver with discharge plan; contents of discharge plan; hospital to attempt to consult with caregiver regarding aftercare 449A.327Hospital to document certain actions and instructions in medical record of patient; hospital to proceed with planned discharge or transfer of patient if unable to reach caregiver 449A.330Hospital and employees and contractors of hospital not liable for aftercare provided improperly or not provided by caregiver 449A.400Short title; uniformity of application and construction 449A.403Definitions 449A.406“Advanced practice registered nurse” defined 449A.409“Attending advanced practice registered nurse” defined 449A.412“Attending physician” defined 449A.415“Declaration” defined 449A.418“Life-sustaining treatment” defined 449A.421“Person” defined 449A.424“Provider of health care” defined 449A.427“Qualified patient” defined 449A.430“Terminal condition” defined 449A.433Declaration relating to use of life-sustaining treatment 449A.436Form of declaration directing physician or advanced practice registered nurse to withhold or withdraw life-sustaining treatment 449A.439Form of declaration designating another person to decide to withhold or withdraw life-sustaining treatment 449A.442Time declaration becomes operative; duty of providers of health care 449A.445Revocation of declaration; entry of revocation in medical records of declarant 449A.448Recording determination of terminal condition and declaration 449A.451Treatment of qualified patients; withholding or withdrawal of artificial nutrition and hydration; treatment of pregnant patient 449A.454Written consent to withhold or withdraw life-sustaining treatment 449A.457Transfer of care of declarant 449A.460Immunity from civil and criminal liability and discipline for unprofessional conduct 449A.463Consideration of declaration and other factors; failure to follow directions of patient 449A.466Assumption of validity of declaration; presumption of intent to use, withhold or withdraw life-sustaining treatment not created 449A.469Death does not constitute suicide or homicide; effect of declaration on policy of insurance; prohibiting or requiring execution of declaration prohibited as condition for insurance or receipt of health care 449A.472Penalties 449A.475Actions contrary to reasonable medical standards not required; mercy-killing, assisted suicide or euthanasia not authorized 449A.478Other right or responsibility regarding use of life-sustaining treatment or withholding or withdrawal of medical care not limited 449A.481Validity of declaration executed in another state; effect of previously executed instrument 449A.500Definitions 449A.503“Advanced practice registered nurse” defined 449A.506“Attending advanced practice registered nurse” defined 449A.509“Attending physician” defined 449A.512“Attending physician assistant” defined 449A.515“Do-not-resuscitate identification” defined 449A.518“Do-not-resuscitate order” defined 449A.521“Emergency care” defined 449A.524“Health care facility” defined 449A.527“Life-resuscitating treatment” defined 449A.530“Life-sustaining treatment” defined 449A.533“Other types of advance directives” defined 449A.536“Physician assistant” defined 449A.539“Provider of health care” defined 449A.542“Provider Order for Life-Sustaining Treatment form” or “POLST form” defined 449A.545“Representative of the patient” defined 449A.548Board to prescribe standardized POLST form; requirements 449A.551Explanation of POLST form to patient; completion of form; validity of form; actions authorized for patient who regains capacity 449A.554Revocation of POLST form; entry of revocation in medical records of patient 449A.557Conflict with other advance directive or do-not-resuscitate identification 449A.560Immunity from civil and criminal liability and from discipline for unprofessional conduct 449A.563Provider of health care required to comply with valid POLST form; modification by provider; transfer of care of patient; exceptions 449A.566Assumption of validity of POLST form; presumption of intent of patient not created if patient has revoked or not executed POLST form 449A.569Death does not constitute suicide or homicide; effect of POLST form on policy of insurance; prohibiting or requiring execution of POLST form prohibited as condition for insurance or receipt of health care 449A.572Unlawful acts; penalty 449A.575Actions contrary to reasonable medical standards not required; mercy-killing, euthanasia or assisted suicide not authorized; rights associated with other advance directives not impaired; right to make decisions concerning emergency care or life-sustaining treatment not affected 449A.578Validity of POLST form executed in another state 449A.581Regulations 449A.600Definitions 449A.603“Advance directive for psychiatric care” or “advance directive” defined 449A.606“Attending physician” defined 449A.609“Principal” defined 449A.612“Provider of health care” defined 449A.615“Psychiatric care” defined 449A.618Execution of advance directive; period of effectiveness 449A.621Form 449A.624Requirements for advance directive to become operative; effect 449A.627No presumption concerning intention of person without advance directive 449A.630Provider to make advance directive part of principal’s medical record 449A.633Revocation 449A.636Provider to comply with advance directive; exceptions 449A.639Transfer of care of principal 449A.642Provider to inquire whether person has advance directive for psychiatric care; immunity from liability for certain actions relating to advance directive 449A.645Validity of advance directive executed in another state or instrument executed before May 26, 2017 449A.700Definitions 449A.703“Advance directive” defined 449A.706“Registrant” defined 449A.709“Registry” defined 449A.712Establishment and maintenance; information to be included in Registry 449A.715Registration of advance directive: Requirements; duties of Secretary of State 449A.718Access to advance directive 449A.721Removal of advance directive of deceased registrant 449A.724Secretary of State not required to determine accuracy of contents of advance directive or validity of advance directive; effect of registration, failure to register and failure to notify Secretary of State of revocation of advance directive 449A.727Provider of health care not required to inquire whether patient has registered advance directive or access Registry; immunity of provider of health care from criminal and civil liability 449A.730Immunity of Secretary of State and deputies, employees and attorneys of Secretary of State 449A.733Suspension of components of Registry and duties of Secretary of State if sufficient money not available; fees authorized; acceptance of gifts and grants 449A.736Deposit, accounting and use of money received; interest and income earned on money received; payment of claims 449A.739Regulations