Nevada Revised Statutes 457.301 – Duties of primary care provider who provides care to adult woman; exemption from criminal penalties or professional discipline for failure to comply
1. A primary care provider shall:
Terms Used In Nevada Revised Statutes 457.301
- Cancer: means all malignant neoplasms, regardless of the tissue of origin, including malignant lymphoma and leukemia. See Nevada Revised Statutes 457.020
- physician: means a person who engages in the practice of medicine, including osteopathy and homeopathy. See Nevada Revised Statutes 0.040
(a) Attempt to determine whether each adult woman to whom he or she provides care has a personal or family history of breast, ovarian, tubal or peritoneal cancer or an ancestry associated with a harmful mutation in the BRCA gene or meets any other criteria under which the United States Preventive Services Task Force has recommended screening for a risk of such a mutation; and
(b) If the primary care provider determines that an adult woman to whom he or she provides care meets the criteria described in paragraph (a) and has not previously undergone genetic testing for a harmful mutation in the BRCA gene, use an appropriate brief familial risk assessment tool to screen for a risk of such a mutation.
2. If such a screening indicates that a woman is at risk of a harmful mutation in the BRCA gene, the primary care provider must:
(a) Provide the woman with written notice of the need to discuss genetic counseling and testing with the provider;
(b) Provide genetic counseling to the woman or ensure that the woman is referred for genetic counseling; and
(c) If a genetic test for harmful mutations in the BRCA gene is clinically indicated as a result of the genetic counseling, administer such a test to the woman or ensure that the woman is referred for such testing.
3. A primary care provider who fails to comply with this section is not subject to criminal penalties or professional discipline for such failure to comply.
4. As used in this section, ‘primary care provider’ means:
(a) A physician, physician assistant licensed pursuant to chapter 630 or 633 of NRS or advanced practice registered nurse who specializes in primary care, family medicine, internal medicine or obstetrics and gynecology; or
(b) A midwife.