Nevada § 439.857 - Procedure for informing patient, legal guardian or other person that patient at medical facility has infection; immunity from liability for providing certain information

§ 439.857. Procedure for informing patient, legal guardian or other person that patient at medical facility has infection; immunity from liability for providing certain information

1. Except as otherwise provided in subsection 2, when a provider of health care confirms

that a patient at the medical facility has an infection, the provider of health care

or the designee of the provider of health care shall, as soon as practicable but not

later than 5 days after the diagnosis is confirmed, inform the patient or the legal

guardian or other person authorized by the patient to receive such information that

the patient has an infection. 2. The provider of health care or the designee of the provider of health care may

delay providing information about an infection if the patient does not have a legal

guardian, has not authorized any other person to receive such information and: (a) Is not capable of understanding the information; (b) Is not conscious; or (c) In the judgment of the provider of health care, is likely to harm himself or herself

if informed about the infection. 3. If the provider of health care or the designee of the provider of health care delays

providing information about an infection pursuant to subsection 2, such information

must be provided as soon as practicable after: (a) The patient is capable of understanding the information; (b) The patient regains consciousness; (c) In the judgment of the provider of health care, the patient is not likely to harm

himself or herself if informed about the infection; or (d) A legal guardian or other person authorized to receive such information is available. 4. A medical facility shall ensure that the providers of health care of the medical

facility establish protocols in accordance with this section that provide the manner

in which a provider of health care or his or her designee must: (a) Inform a patient or the legal guardian or other person authorized by a patient

to receive such information that the patient has an infection; and (b) If known or determined while a patient remains at the medical facility, inform

the patient or the legal guardian or other person authorized by the patient to receive

such information whether the infection was acquired at the medical facility and of

the apparent source of the infection. 5. A person or governmental entity who, with reasonable care, informs a patient or

the legal guardian or other person authorized by the patient to receive such information

that an infection was not acquired at the medical facility and of the apparent source

of the infection pursuant to subsection 4 is immune from any criminal or civil liability

for providing that information.