Nevada § 449A.642 - Provider to inquire whether person has advance directive for psychiatric care; immunity from liability for certain actions relating to advance directive

§ 449A.642. Provider to inquire whether person has advance directive for psychiatric care; immunity from liability for certain actions relating to advance directive

1. If two providers of health care, one of whom is a physician or a licensed psychologist

and the other of whom is a physician, a physician assistant, a licensed psychologist,

a psychiatrist or an advanced practice registered nurse who has the psychiatric training

and experience prescribed by the State Board of Nursing pursuant to NRS 632.120 , determine that a person is incapable of consenting or refusing to consent to psychiatric

care, a physician or other provider of health care treating the person must make a

reasonable inquiry as to whether the person has executed an advance directive for

psychiatric care. 2. A physician or other provider of health care acting in accord with reasonable medical

standards is not subject to civil or criminal liability, or discipline for unprofessional

conduct, for: (a) Complying with a direction given or a decision made by a person that the physician

or other provider believes, in good faith, has authority to act as an agent for a

principal concerning decisions relating to psychiatric care; (b) Refusing to comply with a direction given or a decision made by a person based

on a good faith belief that the person lacks the authority to act as an agency for

a principal concerning decisions relating to psychiatric care; (c) Giving effect to an advance directive for psychiatric care that the physician

or other provider assumed was valid; (d) Disclosing information concerning psychiatric care to another person based on

a good faith belief that such disclosure was either authorized or required; (e) Refusing to comply with a direction given or a decision made by a person because

of conflicts with the physician's or other provider's contractual network or payment

policy restrictions; (f) Refusing to comply with a direction given or a decision made by a person if such

direction or decision violates accepted medical or clinical standards of care; (g) Making a determination that causes an advance directive to become effective;

or (h) Failing to determine that a person lacks sufficient understanding or capacity

to make or communicate decisions regarding psychiatric care, thereby preventing an

advance directive from becoming effective. 3. A physician or other provider of health care whose action pursuant to NRS 449A.600 to 449A.645 , inclusive, is in accord with reasonable medical standards is not subject to civil

or criminal liability, or discipline for unprofessional conduct, with respect to that

action. 4. A person designated in an advance directive for psychiatric care pursuant to NRS 449A.618 whose decision is made in good faith pursuant to NRS 449A.600 to 449A.645 , inclusive, is not subject to civil or criminal liability, or discipline for unprofessional

conduct, with respect to that decision.