Skip to main content
Find a Lawyer

Nevada Revised Statutes Title 40. Public Health and Safety § 449A.121. Procedure to insert implant in breast of patient: Informed consent required; withdrawal of consent; penalty

Current as of January 01, 2025 | Updated by Findlaw Staff

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and the required consent was not withdrawn pursuant to subsection 3 before the procedure began.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 The consent of a patient or other person whose consent is required pursuant to paragraph (b) of subsection 1 may be withdrawn in writing at any time before the procedure has begun, with or without cause.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consent form prepared by the Division pursuant to NRS 449A.124 freely and without coercion and the consent is not withdrawn pursuant to subsection 3 before the procedure has begun.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.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Nevada Revised Statutes Title 40. Public Health and Safety § 449A.121. Procedure to insert implant in breast of patient: Informed consent required; withdrawal of consent; penalty - last updated January 01, 2025 | https://codes.findlaw.com/nv/title-40-public-health-and-safety/nv-rev-st-449a-121/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard