Nevada Revised Statutes 449A.121 – 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 the physician has:
Terms Used In Nevada Revised Statutes 449A.121
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- physician: means a person who engages in the practice of medicine, including osteopathy and homeopathy. See Nevada Revised Statutes 0.040
(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
(b) Obtained informed consent in writing from the following persons freely and without coercion:
(1) The patient if he or she is 18 years of age or over or legally emancipated and competent to give that consent, and from the patient’s 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guardian of a patient of any age who has been adjudicated mentally incapacitated, and the required consent was not withdrawn pursuant to subsection 3 before the procedure began.
2. 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
(c) Any alternative procedures available.
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 The consent of a patient or other person whose consent is required pursuant to paragraph (b) of subsection 1 may be withdrawn in writing at any time before the procedure has begun, with or without cause.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 the physician 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 Division pursuant to NRS 449A.124 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 Division pursuant to NRS 449A.124 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.