Provider to inquire whether person has advance directive for psychiatric care; immunity from liability for certain actions relating to advance directive.
Nev. Rev. Stat. § 449A.642
in effect1. 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 physicians or other providers 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.
Source: NV Statutes (Official Site)URL: https://www.leg.state.nv.us/nrs/NRS-449A.htmlFetched: 10/4/2026