Nevada Revised Statutes 629.047 – Physician or advanced practice registered nurse required to report certain persons diagnosed with epilepsy; use and confidentiality of statement; liability
1. If a physician or an advanced practice registered nurse determines that, in his or her professional judgment, a patient’s epilepsy severely impairs the ability of the patient to safely operate a motor vehicle, the physician or advanced practice registered nurse shall:
Terms Used In Nevada Revised Statutes 629.047
- 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) Adequately inform the patient of the dangers of operating a motor vehicle with his or her condition until such time as the physician or advanced practice registered nurse or another physician or advanced practice registered nurse informs the patient that the patient’s condition does not severely impair the ability of the patient to safely operate a motor vehicle.
(b) Sign a written statement verifying that the physician or advanced practice registered nurse informed the patient of all material facts and information required by paragraph (a). The physician or advanced practice registered nurse shall, to the extent practicable, provide a copy of the statement signed by the physician or advanced practice registered nurse to the patient. The statement signed by the physician or advanced practice registered nurse pursuant to this paragraph shall be deemed a health care record.
(c) Within 15 days after making such a determination, provide to the Department a copy of the statement signed by the physician or advanced practice registered nurse pursuant to paragraph (b). A statement received by the Department pursuant to this paragraph:
(1) Is confidential, except that the contents of the statement may be disclosed to the patient; and
(2) May be used by the Department solely to determine the eligibility of the patient to operate a vehicle on the streets and highways of this State.
2. Except as otherwise provided in subsection 1, a physician or an advanced practice registered nurse is not required to notify the Department about a patient who has been diagnosed with epilepsy. No cause of action may be brought against a physician or an advanced practice registered nurse based on the fact that he or she did not notify the Department about a patient who has been diagnosed with epilepsy unless the physician or advanced practice registered nurse does not comply with the requirements set forth in subsection 1.
3. No cause of action may be brought against a physician or an advanced practice registered nurse based on the fact that he or she provided a copy of a statement pursuant to subsection 1 unless the physician or advanced practice registered nurse acted with malice, intentional misconduct, gross negligence or intentional or knowing violation of the law.
4. As used in this section:
(a) ’Department’ means the Department of Motor Vehicles.
(b) ’Patient’ means a person who consults or is examined or interviewed by a physician or an advanced practice registered nurse for the purposes of diagnosis or treatment.