Nevada § 449A.121 - Procedure to insert implant in breast of patient: Informed consent required; withdrawal of consent; penalty

§ 449A.121. Procedure to insert implant in breast of patient: Informed consent required; withdrawal of consent; penalty

1. A physician shall not perform any procedure to insert an implant in the breast

of a patient unless within 5 days before the procedure is performed the physician

has: (a) Discussed with the patient and any other person whose consent is required pursuant

to paragraph (b), the advantages, disadvantages and risks associated with the procedure;

and (b) Obtained informed consent in writing from the following persons freely and without

coercion: (1) The patient if he or she is 18 years of age or over or legally emancipated and

competent to give that consent, and from the patient’s legal guardian, if any; (2) The parent or guardian of a patient under 18 years of age and not legally emancipated;

or (3) The legal guardian of a patient of any age who has been adjudicated mentally incapacitated, and the required consent was not withdrawn pursuant to subsection 3 before the procedure

began. 2. An informed consent requires that the person whose consent is sought be adequately

informed as to: (a) The nature and consequences of the procedure; (b) The reasonable risks, possible side effects, benefits and purposes of the procedure;

and (c) Any alternative procedures available. 3. The consent of a patient or other person whose consent is required pursuant to

paragraph (b) of subsection 1 may be withdrawn in writing at any time before the procedure

has begun, with or without cause. 4. A physician satisfies the requirements of: (a) Paragraph (a) of subsection 1 if the physician provides the patient and any other

person whose consent is required pursuant to paragraph (b) of subsection 1 with a

copy of the current explanation form prepared by the Division pursuant to NRS 449A.124 in a language that the person is able to read. (b) Paragraph (b) of subsection 1 if the person or persons whose consent is required

sign a copy of the current consent form prepared by the Division pursuant to NRS 449A.124 freely and without coercion and the consent is not withdrawn pursuant to subsection

3 before the procedure has begun. The consent form must be in a language that the person who signs the form is able

to read. 5. Any person who violates the provisions of this section is guilty of a misdemeanor.