2022 Nevada Revised Statutes
Chapter 449A - Care and Rights of Patients
NRS 449A.642 - Provider to inquire whether person has advance directive for psychiatric care; immunity from liability for certain actions relating to advance directive.
1. If two providers of health care, one of whom is a physician or a licensed psychologist and the other of whom is a physician, a physician assistant, a licensed psychologist, a psychiatrist or an advanced practice registered nurse who has the psychiatric training and experience prescribed by the State Board of Nursing pursuant to NRS 632.120, determine that a person is incapable of consenting or refusing to consent to psychiatric care, a physician or other provider of health care treating the person must make a reasonable inquiry as to whether the person has executed an advance directive for psychiatric care.
2. A physician or other provider of health care acting in accord with reasonable medical standards is not subject to civil or criminal liability, or discipline for unprofessional conduct, for:
(a) Complying with a direction given or a decision made by a person that the physician or other provider believes, in good faith, has authority to act as an agent for a principal concerning decisions relating to psychiatric care;
(b) Refusing to comply with a direction given or a decision made by a person based on a good faith belief that the person lacks the authority to act as an agency for a principal concerning decisions relating to psychiatric care;
(c) Giving effect to an advance directive for psychiatric care that the physician or other provider assumed was valid;
(d) Disclosing information concerning psychiatric care to another person based on a good faith belief that such disclosure was either authorized or required;
(e) Refusing to comply with a direction given or a decision made by a person because of conflicts with the physician’s or other provider’s contractual network or payment policy restrictions;
(f) Refusing to comply with a direction given or a decision made by a person if such direction or decision violates accepted medical or clinical standards of care;
(g) Making a determination that causes an advance directive to become effective; or
(h) Failing to determine that a person lacks sufficient understanding or capacity to make or communicate decisions regarding psychiatric care, thereby preventing an advance directive from becoming effective.
3. A physician or other provider of health care whose action pursuant to NRS 449A.600 to 449A.645, inclusive, is in accord with reasonable medical standards is not subject to civil or criminal liability, or discipline for unprofessional conduct, with respect to that action.
4. A person designated in an advance directive for psychiatric care pursuant to NRS 449A.618 whose decision is made in good faith pursuant to NRS 449A.600 to 449A.645, inclusive, is not subject to civil or criminal liability, or discipline for unprofessional conduct, with respect to that decision.
(Added to NRS by 2017, 697)
