Title 40

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 …

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 per…

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 …

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…

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 atte…

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 a…

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 ter…

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 …

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 p…

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 physici…

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 di…

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 o…

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 wit…

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 li…

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 det…

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 medi…

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, …

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 instr…

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, 176…

NRS 449A.503 “Advanced practice registered nurse” defined. “Advanced practice registered nurse” has the meaning ascribed to it in NRS 449A.406. (Added to NRS by 2017, 456, 1757)

NRS 449A.506 “Attending advanced practice registered nurse” defined. “Attending advanced practice registered nurse” has the meaning ascribed to it in NRS 449A.409. (Added to NRS by 2017, 456, 1757)

NRS 449A.509 “Attending physician” defined. “Attending physician” has the meaning ascribed to it in NRS 449A.412. (Added to NRS by 2013, 2284)

NRS 449A.512 “Attending physician assistant” defined. “Attending physician assistant” means a physician assistant who has primary responsibility for the treatment and care of the patient. (Added to NRS by 2017, 456)

NRS 449A.515 “Do-not-resuscitate identification” defined. “Do-not-resuscitate identification” has the meaning ascribed to it in NRS 450B.410. (Added to NRS by 2013, 2284)

NRS 449A.518 “Do-not-resuscitate order” defined. “Do-not-resuscitate order” has the meaning ascribed to it in NRS 450B.420. (Added to NRS by 2013, 2284)

NRS 449A.521 “Emergency care” defined. “Emergency care” means the use of life-resuscitating treatment and other immediate treatment provided in response to a sudden, acute and unanticipated medical emergency in order to avoid injury, impairment or death. (Added to NRS by 2013, 22…

NRS 449A.524 “Health care facility” defined. “Health care facility” has the meaning ascribed to it in NRS 162A.740. (Added to NRS by 2013, 2284)

NRS 449A.527 “Life-resuscitating treatment” defined. “Life-resuscitating treatment” has the meaning ascribed to it in NRS 450B.450. (Added to NRS by 2013, 2284)

NRS 449A.530 “Life-sustaining treatment” defined. “Life-sustaining treatment” has the meaning ascribed to it in NRS 449A.418. (Added to NRS by 2013, 2284)

NRS 449A.533 “Other types of advance directives” defined. “Other types of advance directives” means an advance directive as defined in NRS 449A.703, but does not include a POLST form. (Added to NRS by 2013, 2284)

NRS 449A.536 “Physician assistant” defined. “Physician assistant” means a person who holds a license as a physician assistant pursuant to chapter 630 or 633 of NRS. (Added to NRS by 2017, 456)

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. …

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 o…

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 per…

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 wh…

NRS 449A.551 Explanation of POLST form to patient; completion of form; validity of form; actions authorized for patient who regains capacity. 1. A physician, physician assistant or advanced practice registered nurse shall take the actions described in subsection 2: (a) If the phy…

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 …

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…

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 l…

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 f…

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 Tre…

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 …

NRS 449A.572 Unlawful acts; penalty. 1. It is unlawful for: (a) A provider of health care to willfully fail to transfer the care of a patient in accordance with subsection 3 of NRS 449A.563. (b) A person to willfully conceal, cancel, deface or obliterate a Provider Order for Life…

NRS 449A.575 Actions contrary to reasonable medical standards not required; mercy-killing, euthanasia or assisted suicide not authorized; rights associated with other advance directives not impaired; right to make decisions concerning emergency care or life-sustaining treatment n…

NRS 449A.578 Validity of POLST form executed in another state. 1. A Provider Order for Life-Sustaining Treatment form executed in another state in compliance with the laws of that state or this State is valid for the purposes of NRS 449A.500 to 449A.581, inclusive. 2. As used in …

NRS 449A.581 Regulations. The Board may adopt such regulations as it determines to be necessary or advisable to carry out the provisions of NRS 449A.500 to 449A.581, inclusive. (Added to NRS by 2013, 2288) ADVANCE DIRECTIVES FOR PSYCHIATRIC CARE