1.  Except as otherwise provided in subsection 4, a provider of health care may authorize a person to act as a personal assistant to perform specific medical, nursing or home health care services for a person with a disability without obtaining any license required for a provider of health care or his or her assistant to perform the service if:

Terms Used In Nevada Revised Statutes 629.091

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
  • physician: means a person who engages in the practice of medicine, including osteopathy and homeopathy. See Nevada Revised Statutes 0.040

(a) The services to be performed are services that a person without a disability usually and customarily would personally perform without the assistance of a provider of health care;

(b) The provider of health care determines that the personal assistant has the knowledge, skill and ability to perform the services competently;

(c) The provider of health care determines that the procedures involved in providing the services are simple and the performance of such procedures by the personal assistant does not pose a substantial risk to the person with a disability;

(d) The provider of health care determines that the condition of the person with a disability is stable and predictable; and

(e) The personal assistant agrees with the provider of health care to refer the person with a disability to the provider of health care if:

(1) The condition of the person with a disability changes or a new medical condition develops;

(2) The progress or condition of the person with a disability after the provision of the service is different than expected;

(3) An emergency situation develops; or

(4) Any other situation described by the provider of health care develops.

2.  A provider of health care that authorizes a personal assistant to perform certain services shall note in the medical records of the person with a disability who receives such services:

(a) The specific services that the provider of health care has authorized the personal assistant to perform; and

(b) That the requirements of this section have been satisfied.

3.  After a provider of health care has authorized a personal assistant to perform specific services for a person with a disability, no further authorization or supervision by the provider is required for the continued provision of those services.

4.  A personal assistant shall not:

(a) Perform services pursuant to this section for a person with a disability who resides in a medical facility.

(b) Perform any medical, nursing or home health care service for a person with a disability which is not specifically authorized by a provider of health care pursuant to subsection 1.

(c) Except if the services are provided in an educational setting, perform services for a person with a disability in the absence of the parent or guardian of, or any other person legally responsible for, the person with a disability, if the person with a disability is not able to direct his or her own services.

5.  A provider of health care who determines in good faith that a personal assistant has complied with and meets the requirements of this section is not liable for civil damages as a result of any act or omission, not amounting to gross negligence, committed by the provider of health care in making such a determination and is not liable for any act or omission of the personal assistant.

6.  As used in this section:

(a) ’Guardian’ means a person who has qualified as the guardian of a minor or an adult pursuant to testamentary or judicial appointment, but does not include a guardian ad litem.

(b) ’Parent’ means a natural or adoptive parent whose parental rights have not been terminated.

(c) ’Personal assistant’ means a person who, for compensation and under the direction of:

(1) A person with a disability;

(2) A parent or guardian of, or any other person legally responsible for, a person with a disability who is under the age of 18 years; or

(3) A parent, spouse, guardian or adult child of a person with a disability who suffers from a cognitive impairment, performs services for the person with a disability to help the person with a disability maintain independence, personal hygiene and safety.

(d) ’Provider of health care’ means a physician licensed pursuant to chapter 630, 630A or 633 of NRS, a dentist, a registered nurse, a licensed practical nurse, a physical therapist or an occupational therapist.

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