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

Nevada Statutes

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

Nevada § 449A.121

Title 40PUBLIC HEALTH AND SAFETY

Ch. 449ACare

PATIENTS’ RIGHTS

This text of Nevada § 449A.121 (Procedure to insert implant in breast of patient: Informed consent required; withdrawal of consent; penalty) is published on Counsel Stack Legal Research, covering Nevada primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Nev. Rev. Stat. § 449A.121 (2026).

Text

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, Ê

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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,
Ê and the required consent was not withdrawn pursuant to subsection 3 before the procedure began.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.