NRS439.857. Procedure for informing patient, legal guardian or other person that patient at medical facility has infection; immunity from liability for providing certain information.

      1.  Except as otherwise provided in subsection 2, when a provider of health care confirms that a patient at the medical facility has an infection, the provider of health care or the designee of the provider of health care shall, as soon as practicable but not later than 5 days after the diagnosis is confirmed, inform the patient or the legal guardian or other person authorized by the patient to receive such information that the patient has an infection.

      2.  The provider of health care or the designee of the provider of health care may delay providing information about an infection if the patient does not have a legal guardian, has not authorized any other person to receive such information and:

      (a) Is not capable of understanding the information;

      (b) Is not conscious; or

      (c) In the judgment of the provider of health care, is likely to harm himself or herself if informed about the infection.

      3.  If the provider of health care or the designee of the provider of health care delays providing information about an infection pursuant to subsection 2, such information must be provided as soon as practicable after:

      (a) The patient is capable of understanding the information;

      (b) The patient regains consciousness;

      (c) In the judgment of the provider of health care, the patient is not likely to harm himself or herself if informed about the infection; or

      (d) A legal guardian or other person authorized to receive such information is available.

      4.  A medical facility shall ensure that the providers of health care of the medical facility establish protocols in accordance with this section that provide the manner in which a provider of health care or his or her designee must:

      (a) Inform a patient or the legal guardian or other person authorized by a patient to receive such information that the patient has an infection; and

      (b) If known or determined while a patient remains at the medical facility, inform the patient or the legal guardian or other person authorized by the patient to receive such information whether the infection was acquired at the medical facility and of the apparent source of the infection.

      5.  A person or governmental entity who, with reasonable care, informs a patient or the legal guardian or other person authorized by the patient to receive such information that an infection was not acquired at the medical facility and of the apparent source of the infection pursuant to subsection 4 is immune from any criminal or civil liability for providing that information.

      (Added to NRS by 2011, 1581)