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Posted on February 23, 2019 at 4:30 AM

Joe Hardy, a physician and state senator in Nevada, has introduced S.B. 189. Following the lead of Texas, Virginia, and California, this bill would authorize clinicians to stop life-sustaining treatment over the objections of patients and families.


The legislation provides “A medical facility is not subject to disciplinary action, shall not be found to have violated any standard of care and is immune from civil and criminal liability for refusing to provide care or treatment requested by a patient at the medical facility, or by another person on behalf of such a patient, if a provider of health care: 1. Has determined that the treatment of care would not be effective or is contrary to reasonable medical standards; and 2. Complies with the requirements of section 3 of this act.”


Section 3 of the the Act provides:


“1. A provider of health care is not required to provide care or treatment requested by a patient, or by another person on behalf of a patient, if the provider of health care determines that the care or treatment requested would not be effective or is contrary to reasonable medical standards.”

“2. A provider of health care who refuses to provide care or treatment pursuant to subsection 1 shall explain to the patient or the person who requested the care or treatment, or both, as appropriate, the reasons for refusing to provide the requested care or treatment.”


“3. If the patient or the person who requested the care or treatment on behalf of the patient continues to request the care or treatment after receiving the explanation from the provider of health care pursuant to subsection 2, the provider of health care must offer to:
(a) Obtain another medical opinion; 
(b) Obtain an opinion from a committee established by the medical facility at which the patient is receiving care, if applicable;
(c) Seek to transfer the care of the patient to another provider of health care who is willing to provide the care or treatment requested; or
(d) Take any combination of the actions described in paragraphs (a), (b) and (c).”


“4. A provider of health care who refuses to provide care or treatment as authorized by this section shall continue to provide appropriate care and treatment to the patient in accordance with reasonable medical standards until another provider of health care assumes responsibility for the care of the patient. Such continued care and treatment may include, without limitation, palliative care and the provision of appropriate relief from pain and other symptoms.”


“5. A provider of health care who refuses to provide care or  treatment as authorized by this section and complies with the requirements of subsections 2, 3 and 4 is not subject to professional discipline, shall not be found to have violated any applicable standard of care and is immune from civil or criminal liability for failing to provide the care or treatment.”


“6. As used in this section, ‘medical facility’ has the meaning ascribed to it in NRS 449.0151.”

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