Nevada Revised Statutes 129.030 – Consent for provision of certain examinations and services; demonstration of living apart from parents or legal guardian
1. Except as otherwise provided in NRS 450B.525, a minor may give consent for an examination or the services provided in subsection 3 for himself or herself or for his or her child, if the minor:
Terms Used In Nevada Revised Statutes 129.030
- 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
(a) Demonstrates in accordance with subsection 2 that he or she is living apart from his or her parents or legal guardian, with or without the consent of the parent, parents or legal guardian;
(b) Is married or has been married;
(c) Is a parent or has borne a child; or
(d) Is, in the judgment of a provider of health care, in danger of suffering a serious health hazard if health care services are not provided.
2. A minor may demonstrate that he or she is living apart from his or her parents or legal guardian pursuant to paragraph (a) of subsection 1 by providing to the person from whom an examination or services are requested documentary proof that he or she is living apart from his or her parents or legal guardian. Such documentary proof may include, without limitation:
(a) A written statement affirming that the minor is living separately from his or her parents or legal guardian signed by:
(1) A director of a governmental agency or nonprofit organization that provides services to persons who are experiencing homelessness or the designee of the director of such an agency or organization;
(2) A school social worker, a school counselor or a person designated as a local educational agency liaison for homeless children and youths pursuant to 42 U.S.C. § 11432(g)(1)(J)(ii); or
(3) An attorney representing the minor in any manner;
(b) Documentation that the minor has been placed in protective custody; or
(c) A copy of a decree of emancipation or proof that a petition for such a decree has been filed.
3. Except as otherwise provided in subsection 5 and NRS 449A.551 and 450B.525, 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 provider of health care or public or private hospital to examine or provide physical, behavioral, dental or mental health services for any minor, included within the provisions of subsection 1, who understands the nature and purpose of the proposed examination or services and the probable outcome, and voluntarily requests the proposed examination or services. The consent of the minor to examination or services pursuant to this subsection is not subject to disaffirmance because of minority.
4. A person who provides an examination or services to a minor pursuant to subsection 3 shall, before initiating the examination or services, make prudent and reasonable efforts to obtain the consent of the minor to communicate with his or her parent, parents or legal guardian, and shall make a note of such efforts in the record of the minor’s care. If the person believes that such efforts would jeopardize the examination or services 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. The person shall not delay or deny the examination or services because the minor refuses to consent to communication with his or her parent, parents or legal guardian.
5. A minor may not consent to his or her sterilization.
6. In the absence of professional negligence, no person providing an examination or services pursuant to subsection 3 is subject to civil or criminal liability for providing that examination or those services.
7. The parent, parents, legal guardian or custodian of a minor who receives an examination or services pursuant to subsection 3 are not liable for the payment for that examination or those services unless the parent, parents, legal guardian or custodian has consented to the examination or services. The provisions of this subsection do not relieve a parent, parents, legal guardian or custodian from liability for payment for emergency services provided to a minor pursuant to NRS 129.040.
8. As used in this section:
(a) ’Custodian’ has the meaning ascribed to it in NRS 432B.060.
(b) ’Professional negligence’ has the meaning ascribed to it in NRS 41A.015.
(c) ’Provider of health care’ has the meaning ascribed to it in NRS 629.031.