Nevada § 629.091 - Personal assistant authorized to perform certain services for person with disability if approved by provider of health care; requirements; liability of provider of health care for civil damages

§ 629.091. Personal assistant authorized to perform certain services for person with disability if approved by provider of health care; requirements; liability of provider of health care for civil damages

1. Except as otherwise provided in subsection 4, a provider of health care may authorize

a person to act as a personal assistant to perform specific medical, nursing or home

health care services for a person with a disability without obtaining any license

required for a provider of health care or his or her assistant to perform the service

if: (a) The services to be performed are services that a person without a disability usually

and customarily would personally perform without the assistance of a provider of health

care; (b) The provider of health care determines that the personal assistant has the knowledge,

skill and ability to perform the services competently; (c) The provider of health care determines that the procedures involved in providing

the services are simple and the performance of such procedures by the personal assistant

does not pose a substantial risk to the person with a disability; (d) The provider of health care determines that the condition of the person with a

disability is stable and predictable; and (e) The personal assistant agrees with the provider of health care to refer the person

with a disability to the provider of health care if: (1) The condition of the person with a disability changes or a new medical condition

develops; (2) The progress or condition of the person with a disability after the provision

of the service is different than expected; (3) An emergency situation develops; or (4) Any other situation described by the provider of health care develops. 2. A provider of health care that authorizes a personal assistant to perform certain

services shall note in the medical records of the person with a disability who receives

such services: (a) The specific services that the provider of health care has authorized the personal

assistant to perform; and (b) That the requirements of this section have been satisfied. 3. After a provider of health care has authorized a personal assistant to perform

specific services for a person with a disability, no further authorization or supervision

by the provider is required for the continued provision of those services. 4. A personal assistant shall not: (a) Perform services pursuant to this section for a person with a disability who resides

in a medical facility. (b) Perform any medical, nursing or home health care service for a person with a disability

which is not specifically authorized by a provider of health care pursuant to subsection

1. (c) Except if the services are provided in an educational setting, perform services

for a person with a disability in the absence of the parent or guardian of, or any

other person legally responsible for, the person with a disability, if the person

with a disability is not able to direct his or her own services. 5. A provider of health care who determines in good faith that a personal assistant

has complied with and meets the requirements of this section is not liable for civil

damages as a result of any act or omission, not amounting to gross negligence, committed

by the provider of health care in making such a determination and is not liable for

any act or omission of the personal assistant. 6. As used in this section: (a) “ Guardian ” means a person who has qualified as the guardian of a minor or an adult pursuant

to testamentary or judicial appointment, but does not include a guardian ad litem. (b) “ Parent ” means a natural or adoptive parent whose parental rights have not been terminated. (c) “ Personal assistant ” means a person who, for compensation and under the direction of: (1) A person with a disability; (2) A parent or guardian of, or any other person legally responsible for, a person

with a disability who is under the age of 18 years; or (3) A parent, spouse, guardian or adult child of a person with a disability who suffers

from a cognitive impairment, performs services for the person with a disability to help the person with a disability

maintain independence, personal hygiene and safety. (d) “ Provider of health care ” means a physician licensed pursuant to chapter 630, 630A or 633 of NRS, a dentist,

a registered nurse, a licensed practical nurse, a physical therapist or an occupational

therapist.