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2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.282 - Limitations on transfer or involuntary discharge; opportunity to cure delinquency; duty to attempt to resolve circumstances with potential to result in involuntary discharge.

1. A residential facility for groups shall not transfer or involuntarily discharge a resident except where:
(a) The health of the resident has improved sufficiently such that the resident no longer needs the services provided by the residential facility for groups;
(b) The health or safety of any person in the residential facility for groups is endangered;
(c) The resident has failed, after notice has been provided pursuant to subsection 2, to pay for contracted charges for a residency at or a service provided by the residential facility for groups;
(d) The services available to the resident at the residential facility for groups are no longer adequate to meet the needs of the resident, as determined using information from the annual physical examination and assessment conducted pursuant to NRS 449.1845; or
(e) The residential facility for groups ceases to operate.
2. At least 30 days before providing notice of intent to discharge a resident for failure to pay contracted charges pursuant to NRS 449A.114, a residential facility for groups shall notify the resident and any representative of the resident in writing of the delinquency. The facility shall allow the resident or his or her representative, as applicable, at least 15 days after such notice is provided to cure the delinquency.
3. Except as otherwise provided in this subsection, a residential facility for groups shall attempt to resolve with the resident or the representative of the resident, if applicable, any circumstances that, if not remedied, have the potential to result in an involuntary discharge of the resident. The facility shall document any such attempt in the file of the resident. All attempts at resolution pursuant to this subsection must occur before the resident is discharged, but may occur before or after the provision of notice pursuant to NRS 449A.114. A residential facility for groups is not required to comply with the requirements of this subsection in an emergency.
4. A residential facility for groups shall not transfer or involuntarily discharge a resident if such transfer or discharge presents an imminent danger of death to the resident.
(Added to NRS by 2023, 716)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.284 - Notices concerning discharge of resident.

1. Written notice of the intent of a residential facility for groups to discharge a resident provided pursuant to NRS 449A.114 must, in addition to the persons described in that section, be provided to the representative of the patient, where applicable, and must include, without limitation:
(a) The reason for the proposed discharge; and
(b) The date of the proposed discharge.
2. Except as otherwise provided in this subsection, written notice of the intent of a residential facility for groups to discharge a resident pursuant to NRS 449A.114 must be provided to a resident in a language that the resident or the representative of the resident, if applicable, is capable of reading. If the written notice is not provided in such a language, the facility must provide a translator who has been trained to assist the resident or the representative of the resident, if applicable, in the appeal process.
3. A residential facility for groups shall provide to a resident or a representative of the resident written notice of the location of the discharge of the resident not later than 10 days after providing written notice of the proposed intent to discharge the resident pursuant to NRS 449A.114.
(Added to NRS by 2023, 717)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.286 - Assistance to and consultation with resident concerning discharge.

1. Before discharging a resident, a residential facility for groups shall offer assistance to the resident and any representative of the resident concerning the discharge and relocation of the resident. Such assistance must include, without limitation, information on available alternative placements.
2. Except in an emergency, a residential facility for groups shall involve a resident and his or her representative, if applicable, in planning the relocation of the resident and allow the resident or his or her representative to choose among the available alternative placements. Any emergency placement must be temporary and must terminate when the resident or his or her representative is able to offer input on the final decision concerning the placement of the resident. A residential facility for groups shall not require a resident to remain in a temporary or permanent placement.
3. In nonemergency situations, and where possible in an emergency, a residential facility for groups that transfers or discharges a resident shall, in consultation with the resident and his or her representative, if applicable, design and implement a transition plan in advance of the transfer or discharge.
4. A residential facility for groups is not in violation of this section or subject to disciplinary action if:
(a) A resident returns to the facility after an emergency transfer or discharge; and
(b) The emergency transfer or discharge was necessary to address health care needs of the resident which are outside the scope of care that the facility is legally authorized to provide.
(Added to NRS by 2023, 717)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.300 - Definitions.

As used in NRS 449A.300 to 449A.330, inclusive, unless the context otherwise requires, the words and terms defined in NRS 449A.303, 449A.306 and 449A.309 have the meanings ascribed to them in those sections.
(Added to NRS by 2015, 176)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.309 - Representative of the patient" defined.

"Representative of the patient" means a legal guardian of the patient, a person designated by the patient to make decisions governing the withholding or withdrawal of life-sustaining treatment pursuant to NRS 449A.433 or a person given power of attorney to make decisions concerning health care for the patient pursuant to NRS 162A.700 to 162A.870, inclusive.
(Added to NRS by 2015, 176; A 2023, 492)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.312 - Designation of caregiver for a patient, removal of designation and designation of new caregiver under certain circumstances; designation does not establish obligation to patient.

1. A caregiver may be designated for a patient by:
(a) The patient if he or she is 18 years of age or older and of sound mind;
(b) The representative of the patient if the patient is 18 years of age or older and incompetent; or
(c) The parent or legal guardian of the patient if the patient is less than 18 years of age.
2. A patient described in subsection 1 may have a caregiver designated for him or her upon admission to a hospital as an inpatient in the manner described in NRS 449A.315.
3. If a caregiver is unable or unwilling to perform the duties of a caregiver, the designation of that person as a caregiver may be removed and a new caregiver may be designated by:
(a) The patient if he or she is 18 years of age or older and of sound mind;
(b) The representative of the patient if the patient is 18 years of age or older and incompetent; or
(c) The parent or legal guardian of the patient if the patient is less than 18 years of age.
4. A caregiver is under no obligation to a patient solely because the patient, the representative of the patient or the parent or guardian of the patient has designated the caregiver pursuant to this section.
(Added to NRS by 2015, 176)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.315 - Hospital to provide opportunity to designate caregiver for patient before discharge or when patient regains competence.

1. After admitting a patient as an inpatient and before discharging the patient, a hospital shall provide the opportunity to designate a caregiver for the patient to:
(a) The patient if he or she is 18 years of age or older and of sound mind;
(b) The representative of the patient if the patient is 18 years of age or older and incompetent; or
(c) The parent or legal guardian of the patient if the patient is less than 18 years of age.
2. If a patient is unconscious or otherwise incompetent upon admission to a hospital as an inpatient and later regains competence while he or she is an inpatient at the hospital, the hospital shall, after the patient regains competence, provide the patient with the opportunity to designate a caregiver.
(Added to NRS by 2015, 176)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.318 - Hospital 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.

1. If a patient, the representative of a patient or the parent or guardian of a patient designates a caregiver pursuant to NRS 449A.315 or changes a caregiver pursuant to NRS 449A.312, the hospital shall:
(a) Record the designation or change of the caregiver, the relationship of the caregiver to the patient and the name, telephone number and address of the caregiver in the medical record of the patient; and
(b) If required by the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and any regulations adopted pursuant thereto or any other federal or state law, request the written consent of the patient, the representative of the patient or the parent or guardian of the patient, as applicable, to release medical information to the caregiver in a manner that complies with the applicable laws.
2. If a patient, the representative of a patient or the parent or guardian of a patient declines to designate a caregiver after being given the opportunity to do so pursuant to NRS 449A.315, the hospital shall record the declination in the medical record of the patient.
(Added to NRS by 2015, 177)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.321 - Hospital to attempt to notify caregiver before planned discharge or transfer of patient.

If a patient, the representative of a patient or the parent or guardian of a patient has provided consent for the hospital to release medical information to a caregiver pursuant to subsection 1 of NRS 449A.318, the hospital shall, before the patient is discharged or transferred to another facility, attempt to notify the caregiver of the planned discharge or transfer.
(Added to NRS by 2015, 177)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.324 - Hospital to attempt to provide caregiver with discharge plan; contents of discharge plan; hospital to attempt to consult with caregiver regarding aftercare.

If a patient, the representative of a patient or the parent or guardian of a patient has provided consent for a hospital to release medical information to a caregiver pursuant to subsection 1 of NRS 449A.318, the hospital shall, before the patient is discharged other than to a facility licensed pursuant to this chapter:
1. Attempt to provide the caregiver with a discharge plan. A discharge plan must include, without limitation:
(a) The name and contact information of the caregiver;
(b) A description of all necessary aftercare, including, without limitation, any requirements to maintain the ability of the patient to reside at home; and
(c) Contact information for:
(1) Any providers of health care, community resources or other providers of services necessary to carry out the discharge plan; and
(2) An employee of the hospital who will be available before the patient is discharged to answer questions concerning the discharge plan.
2. Attempt to consult with the caregiver, in person or using video technology, concerning the aftercare set forth in the discharge plan. Such consultation must include, without limitation:
(a) A demonstration of the aftercare set forth in the discharge plan, performed by an appropriate member of the hospital staff in a culturally and linguistically appropriate manner; and
(b) An opportunity for the caregiver to ask questions concerning the aftercare.
(Added to NRS by 2015, 177)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.327 - Hospital 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.

1. A hospital shall document in the medical record of the patient:
(a) The attempt or completion of any actions required pursuant to NRS 449A.321 or 449A.324;
(b) Any instructions given pursuant to NRS 449A.324; and
(c) The date and time at which such instructions were given.
2. If a hospital is unable to reach a caregiver after attempting to provide any information pursuant to NRS 449A.321 or 449A.324, the hospital must proceed with the discharge or transfer of the patient as scheduled.
(Added to NRS by 2015, 178)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.330 - Hospital and employees and contractors of hospital not liable for aftercare provided improperly or not provided by caregiver.

A hospital or an employee or contractor of a hospital that acts in compliance with NRS 449A.300 to 449A.330, inclusive, is not liable for any aftercare that is provided improperly or not provided by a caregiver.
(Added to NRS by 2015, 178)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.400 - Short title; uniformity of application and construction.

1. NRS 449A.400 to 449A.481, inclusive, may be cited as the Uniform Act on Rights of the Terminally Ill.
2. NRS 449A.400 to 449A.481, inclusive, must be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of those sections among states enacting the Uniform Act on Rights of the Terminally Ill.
(Added to NRS by 1991, 629; A 2017, 1757)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.403 - Definitions.

As used in NRS 449A.400 to 449A.481, inclusive, unless the context otherwise requires, the words and terms defined in NRS 449A.406 to 449A.430, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1977, 759; A 1991, 632; 2017, 1757)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.427 - "Qualified patient" defined.

"Qualified patient" means a patient 18 or more years of age who has executed a declaration and who has been determined by the attending physician or attending advanced practice registered nurse to be in a terminal condition.
(Added to NRS by 1991, 629; A 2017, 1757)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.430 - "Terminal condition" defined.

"Terminal condition" means an incurable and irreversible condition that, without the administration of life-sustaining treatment, will, in the opinion of the attending physician or attending advanced practice registered nurse, result in death within a relatively short time.
(Added to NRS by 1977, 759; A 1991, 633; 2017, 1757)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.433 - 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.
3. A durable power of attorney for health care properly executed pursuant to NRS 162A.790 regarding the withholding or withdrawal of life-sustaining treatment constitutes for the purposes of NRS 449A.400 to 449A.481, inclusive, a properly executed declaration pursuant to this section.
(Added to NRS by 1977, 759; A 1985, 1747; 1991, 633; 2019, 2194)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.436 - Form of declaration directing physician or advanced practice registered nurse to withhold or withdraw life-sustaining treatment.

A declaration directing a physician or advanced practice registered nurse to withhold or withdraw life-sustaining treatment may, but need not, be in the following form:
DECLARATION
If I should have an incurable and irreversible condition that, without the administration of life-sustaining treatment, will, in the opinion of my attending physician or attending advanced practice registered nurse, cause my death within a relatively short time, and I am no longer able to make decisions regarding my medical treatment, I direct my attending physician or attending advanced practice registered nurse, pursuant to NRS 449A.400 to 449A.481, inclusive, to withhold or withdraw treatment that only prolongs the process of dying and is not necessary for my comfort or to alleviate pain.
If you wish to include this statement in this declaration, you must INITIAL the statement in the box provided:
Withholding or withdrawal of artificial nutrition and hydration may result in death by starvation or dehydration. Initial this box if you want to receive or continue receiving artificial nutrition and hydration by way of the gastrointestinal tract after all other treatment is withheld pursuant to this declaration.
[............................................ ]
Signed this ........................ day of ................, ......
Signature .........................................................
Address ...........................................................
The declarant voluntarily signed this writing in my presence.
Witness ............................................................
Address ...........................................................
Witness ............................................................
Address ...........................................................
(Added to NRS by 1977, 760; A 1991, 633; 1993, 2790; 2017, 1757)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.439 - Form of declaration designating another person to decide to withhold or withdraw life-sustaining treatment.

1. A declaration that designates another person to make decisions governing the withholding or withdrawal of life-sustaining treatment may, but need not, be in the following form:
DECLARATION
If I should have an incurable and irreversible condition that, without the administration of life-sustaining treatment, will, in the opinion of my attending physician or attending advanced practice registered nurse, cause my death within a relatively short time, and I am no longer able to make decisions regarding my medical treatment, I appoint ............................... or, if he or she is not reasonably available or is unwilling to serve, .............................., to make decisions on my behalf regarding withholding or withdrawal of treatment that only prolongs the process of dying and is not necessary for my comfort or to alleviate pain, pursuant to NRS 449A.400 to 449A.481, inclusive. (If the person or persons I have so appointed are not reasonably available or are unwilling to serve, I direct my attending physician or attending advanced practice registered nurse, pursuant to those sections, to withhold or withdraw treatment that only prolongs the process of dying and is not necessary for my comfort or to alleviate pain.)
Strike language in parentheses if you do not desire it.
If you wish to include this statement in this declaration, you must INITIAL the statement in the box provided:
Withholding or withdrawal of artificial nutrition and hydration may result in death by starvation or dehydration. Initial this box if you want to receive or continue receiving artificial nutrition and hydration by way of the gastrointestinal tract after all other treatment is withheld pursuant to this declaration.
[............................................ ]
Signed this ........................ day of ................, ......
Signature .........................................................
Address ...........................................................
The declarant voluntarily signed this writing in my presence.
Witness ............................................................
Address ...........................................................
Witness ............................................................
Address ...........................................................
Name and address of each designee.
Name ...............................................................
Address ...........................................................
2. The designation of an agent pursuant to chapter 162A of NRS, or the judicial appointment of a guardian, who is authorized to make decisions regarding the withholding or withdrawal of life-sustaining treatment, constitutes for the purpose of NRS 449A.400 to 449A.481, inclusive, a declaration designating another person to act for the declarant pursuant to subsection 1.
(Added to NRS by 1991, 630; A 1993, 2791; 2009, 209; 2017, 1758)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.442 - Time declaration becomes operative; duty of providers of health care.

A declaration becomes operative when it is communicated to the attending physician or attending advanced practice registered nurse and the declarant is determined by the attending physician or attending advanced practice registered nurse to be in a terminal condition and no longer able to make decisions regarding administration of life-sustaining treatment. When the declaration becomes operative, the attending physician and other providers of health care shall act in accordance with its provisions and with the instructions of a person designated pursuant to NRS 449A.433 or comply with the requirements of NRS 449A.457 to transfer care of the declarant.
(Added to NRS by 1991, 631; A 2017, 1759)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.445 - Revocation of declaration; entry of revocation in medical records of declarant.

1. A declarant may revoke a declaration at any time and in any manner, without regard to his or her mental or physical condition. A revocation is effective upon its communication to the attending physician or other provider of health care by the declarant or a witness to the revocation.
2. The attending physician or other provider of health care shall make the revocation a part of the declarant’s medical record.
(Added to NRS by 1977, 760; A 1987, 1309; 1991, 635)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.448 - Recording determination of terminal condition and declaration.

Upon determining that a declarant is in a terminal condition, the attending physician or attending advanced practice registered nurse who knows of a declaration shall record the determination, and the terms of the declaration if not already a part of the record, in the declarant’s medical record.
(Added to NRS by 1991, 631; A 2017, 1759)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.451 - 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 the patient is able to do so.
2. NRS 449A.400 to 449A.481, 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 gastrointestinal 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 the patient’s 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 or attending advanced practice registered nurse 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.
(Added to NRS by 1991, 631; A 2017, 1760)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.454 - Written consent to withhold or withdraw life-sustaining treatment.

1. If written consent to the withholding or withdrawal of the treatment, attested by two witnesses, is given to the attending physician or attending advanced practice registered nurse, the attending physician or attending advanced practice registered nurse may withhold or withdraw life-sustaining treatment from a patient who:
(a) Has been determined by the attending physician or attending advanced practice registered nurse to be in a terminal condition and no longer able to make decisions regarding administration of life-sustaining treatment; and
(b) Has no effective declaration.
2. The authority to consent or to withhold consent under subsection 1 may be exercised by the following persons, in order of priority:
(a) The spouse of the patient;
(b) An adult child of the patient or, if there is more than one adult child, a majority of the adult children who are reasonably available for consultation;
(c) The parents of the patient;
(d) An adult sibling of the patient or, if there is more than one adult sibling, a majority of the adult siblings who are reasonably available for consultation; or
(e) The nearest other adult relative of the patient by blood or adoption who is reasonably available for consultation.
3. If a class entitled to decide whether to consent is not reasonably available for consultation and competent to decide, or declines to decide, the next class is authorized to decide, but an equal division in a class does not authorize the next class to decide.
4. A decision to grant or withhold consent must be made in good faith. A consent is not valid if it conflicts with the expressed intention of the patient.
5. A decision of the attending physician or attending advanced practice registered nurse acting in good faith that a consent is valid or invalid is conclusive.
6. Life-sustaining treatment must not be withheld or withdrawn pursuant to this section from a patient known to the attending physician or attending advanced practice registered nurse 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.
(Added to NRS by 1991, 631; A 2017, 1760)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.457 - Transfer of care of declarant.

An attending physician or other provider of health care who is unwilling to comply with NRS 449A.400 to 449A.481, inclusive, shall take all reasonable steps as promptly as practicable to transfer care of the declarant to another physician or provider of health care.
(Added to NRS by 1991, 632)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.460 - Immunity from civil and criminal liability and discipline for unprofessional conduct.

1. A physician or other provider of health care is not subject to civil or criminal liability, or discipline for unprofessional conduct, for giving effect to a declaration or the direction of a person designated pursuant to NRS 449A.433 in the absence of knowledge of the revocation of a declaration, or for giving effect to a written consent under NRS 449A.454.
2. A physician or other provider of health care, whose action pursuant to NRS 449A.400 to 449A.481, 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.
3. A physician or other provider of health care, whose decision about the validity of consent under NRS 449A.454 is made in good faith, is not subject to civil or criminal liability, or discipline for unprofessional conduct, with respect to that decision.
4. A person designated pursuant to NRS 449A.433 or a person authorized to consent pursuant to NRS 449A.454, whose decision is made or consent is given in good faith pursuant to NRS 449A.400 to 449A.481, inclusive, is not subject to civil or criminal liability, or discipline for unprofessional conduct, with respect to that decision.
(Added to NRS by 1977, 760; A 1985, 1747; 1991, 635)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.463 - Consideration of declaration and other factors; failure to follow directions of patient.

1. If a patient in a terminal condition has a declaration in effect and becomes comatose or is otherwise rendered incapable of communicating with his or her attending physician or attending advanced practice registered nurse, the physician or advanced practice registered nurse must give weight to the declaration as evidence of the patient’s directions regarding the application of life-sustaining treatments, but the attending physician or attending advanced practice registered nurse may also consider other factors in determining whether the circumstances warrant following the directions.
2. No hospital or other medical facility, physician, advanced practice registered nurse or person working under the direction of a physician or advanced practice registered nurse is subject to criminal or civil liability for failure to follow the directions of the patient to withhold or withdraw life-sustaining treatments.
(Added to NRS by 1977, 761; A 1985, 1747; 1993, 2792; 2017, 1761)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.466 - Assumption of validity of declaration; presumption of intent to use, withhold or withdraw life-sustaining treatment not created.

1. Unless he or she has knowledge to the contrary, a physician or other provider of health care may assume that a declaration complies with NRS 449A.400 to 449A.481, inclusive, and is valid.
2. NRS 449A.400 to 449A.481, inclusive, create no presumption concerning the intention of a person who has revoked or has not executed a declaration with respect to the use, withholding or withdrawal of life-sustaining treatment in the event of a terminal condition.
(Added to NRS by 1991, 632)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.469 - Death 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.

1. Death resulting from the withholding or withdrawal of life-sustaining treatment in accordance with NRS 449A.400 to 449A.481, inclusive, does not constitute, for any purpose, a suicide or homicide.
2. The making of a declaration pursuant to NRS 449A.433 does not affect the sale, procurement or issuance of a policy of life insurance or annuity, nor does it affect, impair or modify the terms of an existing policy of life insurance or annuity. A policy of life insurance or annuity is not legally impaired or invalidated by the withholding or withdrawal of life-sustaining treatment from an insured, notwithstanding any term to the contrary.
3. A person may not prohibit or require the execution of a declaration as a condition for being insured for, or receiving, health care.
(Added to NRS by 1977, 761; A 1991, 636)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.472 - Penalties.

1. A physician or other provider of health care who willfully fails to transfer the care of a patient in accordance with NRS 449A.457 is guilty of a gross misdemeanor.
2. A physician or advanced practice registered nurse who willfully fails to record a determination of terminal condition or the terms of a declaration in accordance with NRS 449A.448 is guilty of a misdemeanor.
3. A person who willfully conceals, cancels, defaces or obliterates the declaration of another without the declarant’s consent or who falsifies or forges a revocation of the declaration of another is guilty of a misdemeanor.
4. A person who falsifies or forges the declaration of another, or willfully conceals or withholds personal knowledge of a revocation, with the intent to cause a withholding or withdrawal of life-sustaining treatment contrary to the wishes of the declarant and thereby directly causes life-sustaining treatment to be withheld or withdrawn and death to be hastened is guilty of murder.
5. A person who requires or prohibits the execution of a declaration as a condition of being insured for, or receiving, health care is guilty of a misdemeanor.
6. A person who coerces or fraudulently induces another to execute a declaration, or who falsifies or forges the declaration of another except as provided in subsection 4, is guilty of a gross misdemeanor.
7. The penalties provided in this section do not displace any sanction applicable under other law.
(Added to NRS by 1977, 761; A 1991, 636; 2017, 1761)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.475 - Actions contrary to reasonable medical standards not required; mercy-killing, assisted suicide or euthanasia not authorized.

1. NRS 449A.400 to 449A.481, inclusive, do not require a physician or other provider of health care to take action contrary to reasonable medical standards.
2. NRS 449A.400 to 449A.481, inclusive, do not condone, authorize or approve mercy-killing, assisted suicide or euthanasia.
(Added to NRS by 1977, 761; A 1991, 637; 1995, 1794)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.478 - Other right or responsibility regarding use of life-sustaining treatment or withholding or withdrawal of medical care not limited.

NRS 449A.400 to 449A.481, inclusive, do not affect the right of a patient to make decisions regarding use of life-sustaining treatment, so long as the patient is able to do so, or impair or supersede a right or responsibility that any person has to effect the withholding or withdrawal of medical care.
(Added to NRS by 1977, 761; A 1991, 637)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.481 - Validity of declaration executed in another state; effect of previously executed instrument.

1. A declaration executed in another state in compliance with the law of that state or of this State is valid for purposes of NRS 449A.400 to 449A.481, inclusive.
2. An instrument executed anywhere before July 1, 1977, which clearly expresses the intent of the declarant to direct the withholding or withdrawal of life-sustaining treatment from the declarant when the declarant is in a terminal condition and becomes comatose or is otherwise rendered incapable of communicating with his or her attending physician or attending advanced practice registered nurse, if executed in a manner which attests voluntary execution, or executed anywhere before October 1, 1991, which substantially complies with NRS 449A.433, and has not been subsequently revoked, is effective under NRS 449A.400 to 449A.481, inclusive.
3. As used in this section, "state" includes the District of Columbia, the Commonwealth of Puerto Rico, and a territory or insular possession subject to the jurisdiction of the United States.
(Added to NRS by 1977, 761; A 1991, 637; 2017, 1761)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.500 - Definitions.

As used in NRS 449A.500 to 449A.581, inclusive, unless the context otherwise requires, the words and terms defined in NRS 449A.503 to 449A.545, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2013, 2284; A 2017, 456, 1762)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.539 - "Provider of health care" defined.

"Provider of health care" means an individual who is licensed, certified or otherwise authorized or allowed by law to provide health care in the ordinary course of business or practice of a profession, and includes a person who:
1. Is described in NRS 629.031; or
2. Administers emergency medical services as defined in NRS 450B.460.
(Added to NRS by 2013, 2284)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.542 - "Provider Order for Life-Sustaining Treatment form" or "POLST form" defined.

"Provider Order for Life-Sustaining Treatment form" or "POLST form" means the form prescribed pursuant to NRS 449A.548 that:
1. Records the wishes of the patient; and
2. Directs a provider of health care regarding the provision of life-resuscitating treatment and life-sustaining treatment.
(Added to NRS by 2013, 2284; A 2017, 456, 1762)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.545 - "Representative of the patient" defined.

"Representative of the patient" means a legal guardian of the patient, a person designated by the patient to make decisions governing the withholding or withdrawal of life-sustaining treatment pursuant to NRS 449A.433 or a person given power of attorney to make decisions concerning health care for the patient pursuant to NRS 162A.700 to 162A.870, inclusive.
(Added to NRS by 2013, 2285; A 2023, 492)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.548 - Board to prescribe standardized POLST form; requirements.

The Board shall prescribe a standardized Provider Order for Life-Sustaining Treatment form, commonly known as a POLST form, which:
1. Is uniquely identifiable and has a uniform color;
2. Provides a means by which to indicate whether the patient has made an anatomical gift pursuant to NRS 451.500 to 451.598, inclusive;
3. Gives direction to a provider of health care or health care facility regarding the use of emergency care and life-sustaining treatment;
4. Is intended to be honored by any provider of health care who treats the patient in any health-care setting, including, without limitation, the patient’s residence, a health care facility or the scene of a medical emergency; and
5. Includes such other features and information as the Board may deem advisable.
(Added to NRS by 2013, 2285; A 2017, 456, 1762)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.554 - Revocation of POLST form; entry of revocation in medical records of patient.

1. A Provider Order for Life-Sustaining Treatment form may be revoked at any time and in any manner by:
(a) The patient who executed it or for whom a representative or surrogate executed it pursuant to NRS 449A.551, if the patient is 18 years of age or older and the physician, physician assistant or advanced practice registered nurse determines that the patient has the capacity to make decisions regarding his or her wishes for the provision of life-resuscitating treatment and life-sustaining treatment;
(b) Without regard to the patient’s age or physical condition, if the physician, physician assistant or advanced practice registered nurse determines that the patient lacks the capacity to make decisions regarding his or her wishes for the provision of life-resuscitating treatment and life-sustaining treatment, the representative of the patient; or
(c) If the patient is less than 18 years of age, a parent or legal guardian of the patient.
2. The revocation of a POLST form is effective upon the communication to a provider of health care, by the patient or a person authorized to revoke a POLST form pursuant to subsection 1, of the desire to revoke the form. The provider of health care to whom the revocation is communicated shall:
(a) Make the revocation a part of the medical record of the patient; or
(b) Cause the revocation to be made a part of the medical record of the patient.
(Added to NRS by 2013, 2285; A 2017, 459, 1763, 3922)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.557 - Conflict with other advance directive or do-not-resuscitate identification.

1. If a valid Provider Order for Life-Sustaining Treatment form sets forth a declaration, direction or order which conflicts with a declaration, direction or order set forth in one or more of the other types of advance directives:
(a) The declaration, direction or order set forth in the document executed most recently is valid; and
(b) Any other declarations, directions or orders that do not conflict with a declaration, direction or order set forth in another document referenced in this subsection remain valid.
2. If a valid POLST form sets forth a declaration, direction or order to provide life-resuscitating treatment to a patient who also possesses a do-not-resuscitate identification, a provider of health care shall provide life-resuscitating treatment if the declaration, direction or order to provide life-resuscitating treatment set forth in the valid POLST form was executed more recently than the issuance of the do-not-resuscitate identification.
(Added to NRS by 2013, 2286; A 2017, 459, 1763)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.560 - Immunity from civil and criminal liability and from discipline for unprofessional conduct.

1. A provider of health care is not guilty of unprofessional conduct or subject to civil or criminal liability if:
(a) The provider of health care withholds emergency care or life-sustaining treatment:
(1) In compliance with a Provider Order for Life-Sustaining Treatment form and the provisions of NRS 449A.500 to 449A.581, inclusive; or
(2) In violation of a Provider Order for Life-Sustaining Treatment form if the provider of health care is acting in accordance with a declaration, direction or order set forth in one or more of the other types of advance directives and:
(I) Complies with the provisions of NRS 449A.563; or
(II) Reasonably and in good faith, at the time the emergency care or life-sustaining treatment is withheld, is unaware of the existence of the POLST form or believes that the POLST form has been revoked pursuant to NRS 449A.554; or
(b) The provider of health care provides emergency care or life-sustaining treatment:
(1) Pursuant to an oral or written request made by the patient, the representative of the patient, or a parent or legal guardian of the patient, who may revoke the POLST form pursuant to NRS 449A.554;
(2) Pursuant to an observation that the patient, the representative of the patient or a parent or legal guardian of the patient has revoked, or otherwise indicated that he or she wishes to revoke, the POLST form pursuant to NRS 449A.554; or
(3) In violation of a POLST form, if the provider of health care reasonably and in good faith, at the time the emergency care or life-sustaining treatment is provided, is unaware of the existence of the POLST form or believes that the POLST form has been revoked pursuant to NRS 449A.554.
2. A health care facility, ambulance service, fire-fighting agency or other entity that employs a provider of health care is not guilty of unprofessional conduct or subject to civil or criminal liability for the acts or omissions of the employee carried out in accordance with the provisions of subsection 1.
(Added to NRS by 2013, 2286; A 2017, 459, 1763)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.563 - Provider of health care required to comply with valid POLST form; modification by provider; transfer of care of patient; exceptions.

1. Except as otherwise provided in this section and NRS 449A.557, a provider of health care shall comply with a valid Provider Order for Life-Sustaining Treatment form, regardless of whether the provider of health care is employed by a health care facility or other entity affiliated with the physician, physician assistant or advanced practice registered nurse who executed the POLST form.
2. A physician, physician assistant or advanced practice registered nurse may medically evaluate the patient and, based upon the evaluation, may recommend new orders consistent with the most current information available about the patient’s health status and goals of care. Before making a modification to a valid POLST form, the physician, physician assistant or advanced practice registered nurse shall consult the patient or, if the patient lacks decisional capacity, shall make a reasonable attempt to consult the representative of the patient and the patient’s attending physician, attending physician assistant or attending advanced practice registered nurse.
3. Except as otherwise provided in subsection 4, a provider of health care who is unwilling or unable to comply with a valid POLST form shall take all reasonable measures to transfer the patient to a physician, physician assistant, advanced practice registered nurse or health care facility so that the POLST form will be followed.
4. Life-sustaining treatment must not be withheld or withdrawn pursuant to a POLST form of a patient known to the attending physician, attending physician assistant or attending advanced practice registered nurse to be pregnant, so long as it is probable that the fetus will develop to the point of live birth with the continued application of life-sustaining treatment.
5. Nothing in this section requires a provider of health care to comply with a valid POLST form if the provider of health care does not have actual knowledge of the existence of the form.
(Added to NRS by 2013, 2287; A 2017, 460, 1764, 3922)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.566 - Assumption of validity of POLST form; presumption of intent of patient not created if patient has revoked or not executed POLST form.

1. Unless he or she has knowledge to the contrary, a provider of health care may assume that a Provider Order for Life-Sustaining Treatment form complies with the provisions of NRS 449A.500 to 449A.581, inclusive, and is valid.
2. The provisions of NRS 449A.500 to 449A.581, inclusive, do not create a presumption concerning the intention of a:
(a) Patient if the patient, the representative of the patient or a parent or legal guardian of the patient has revoked the POLST form pursuant to NRS 449A.554; or
(b) Person who has not executed a POLST form,
concerning the use or withholding of emergency care or life-sustaining treatment.
(Added to NRS by 2013, 2287; A 2017, 461, 1765)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.569 - Death 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.

1. Death that results when emergency care or life-sustaining treatment has been withheld pursuant to a Provider Order for Life-Sustaining Treatment form and in accordance with the provisions of NRS 449A.500 to 449A.581, inclusive, does not constitute a suicide or homicide.
2. The execution of a POLST form does not affect the sale, procurement or issuance of a policy of life insurance or an annuity, nor does it affect, impair or modify the terms of an existing policy of life insurance or an annuity. A policy of life insurance or an annuity is not legally impaired or invalidated if emergency care or life-sustaining treatment has been withheld from an insured who has executed a POLST form, notwithstanding any term in the policy or annuity to the contrary.
3. A person may not prohibit or require the execution of a POLST form as a condition of being insured for, or receiving, health care.
(Added to NRS by 2013, 2287; A 2017, 461, 1765)