NRS449.740. Procedure to insert implant in breast of patient: Informed consent required; withdrawal of consent; penalty.

      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 incompetent,

Ê and the required consent was not withdrawn pursuant to subsection 3 before the procedure began.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  The consent of a patient or other person whose consent is required pursuant to paragraph (b) of subsection 1 may be withdrawn in writing at any time before the procedure has begun, with or without cause.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 449.750 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consent form prepared by the Division pursuant to NRS 449.750 freely and without coercion and the consent is not withdrawn pursuant to subsection 3 before the procedure has begun.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.

      (Added to NRS by 1991, 1690)