Nevada § 441A.315 - Certain providers of emergency medical services or primary care required to ascertain whether patient wishes to be tested for sexually transmitted diseases; exceptions; regulations; enforcement

§ 441A.315. Certain providers of emergency medical services or primary care required to ascertain whether patient wishes to be tested for sexually transmitted diseases; exceptions; regulations; enforcement

1. Except as otherwise provided in subsection 3, a physician, physician assistant,

advanced practice registered nurse or midwife who provides or supervises the provision

of emergency medical services in a hospital or primary care to a patient who is 15

years of age or older shall, in accordance with the regulations adopted pursuant to

subsection 4: (a) Consult with the patient to ascertain whether he or she wishes to be tested for

sexually transmitted diseases, including, without limitation, the human immunodeficiency

virus, and to determine which tests, if any, are medically indicated for the patient;

and (b) If the patient wishes to be tested, conduct any test which is medically indicated

for the patient or assist the patient with obtaining any such test, to the extent

practicable for the physician, physician assistant, advanced practice registered nurse

or midwife. 2. Except as otherwise provided in subsection 3, a hospital that provides emergency

medical services or primary care to a patient who is 15 years of age or older shall,

in accordance with the regulations adopted pursuant to subsection 4: (a) Ensure that the patient is consulted to ascertain whether he or she wishes to

be tested for sexually transmitted diseases, including, without limitation, the human

immunodeficiency virus, and to determine which tests, if any, are medically indicated

for the patient; and (b) If the patient wishes to be tested, ensure that any test which is medically indicated

for the patient is conducted or that the patient is assisted with obtaining any such

test, to the extent practicable for the hospital. 3. A physician, physician assistant, advanced practice registered nurse, midwife or

hospital is not required to comply with the requirements of subsection 1 or 2 if the

physician, physician assistant, advanced practice registered nurse or midwife or a

provider of health care who provides emergency medical services or primary care to

the patient at the hospital, as applicable, reasonably believes that the patient: (a) Is being treated for a life-threatening emergency; (b) Has recently been offered or has been the subject of a test for the human immunodeficiency

virus or other sexually transmitted diseases; or (c) Lacks capacity to consent to such testing. 4. The Board shall adopt regulations to ensure that: (a) Any test which is administered to a patient or for which a patient is assisted

in obtaining pursuant to this section is medically indicated for that patient; and (b) Communications concerning testing pursuant to this section are made in a culturally

competent manner and, to the extent practicable, in a language that is easily understood

by the patient. 5. A physician, physician assistant, advanced practice registered nurse, midwife or

hospital that fails to comply with the provisions of this section: (a) Is not subject to a criminal penalty or an administrative fine pursuant to this

chapter; and (b) Is subject to disciplinary action, where applicable. 6. As used in this section: (a) “ Primary care ” means the practice of family medicine, pediatrics, internal medicine, obstetrics

and gynecology and midwifery. (b) “Provider of health care” has the meaning ascribed to it in NRS 629.031 .