Makes various changes to provisions governing prescribing, dispensing and administering controlled substanc...
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SB 165 — Makes various changes to provisions governing prescribing, dispensing and administering controlled substances designed to end the life of a patient. (BDR 40-292)
Last action — (Pursuant to Joint Standing Rule No. 14.3.2, no further action allowed.)
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed Assembly
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5To Executive
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6Enacted
This bill died with 2019 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
AN ACT relating to public health; revising provisions concerning medical certificates of death relating to a person who self-administers a controlled substance designed to end his or her life; authorizing a physician to prescribe a controlled substance that is designed to end the life of a patient under certain circumstances; prohibiting persons other than a patient from administering a controlled substance that is designed to end the life of the patient; imposing requirements on certain providers of health care relating to the records of a patient who requests a controlled substance that is designed to end his or her life; providing immunity to certain providers of health care who take certain actions relating to prescribing or dispensing a controlled substance that is designed to end the life of a patient; prohibiting certain fraudulent or coercive acts for the purpose of causing a person to self-administer a controlled substance that is designed to end the life of the person; authorizing the owner or operator of a health care facility to prohibit certain persons from providing certain services relating to a controlled substance that is designed to end the life of a patient; prohibiting a person from conditioning provisions of a will, contract, agreement or policy of life insurance on the request for or acquisition or administration of a controlled substance designed to end the life of the person; prohibiting a person from refusing to sell or provide life insurance or denying benefits to or imposing additional charges against a policyholder or beneficiary because the insured requested or revoked a request for a controlled substance designed to end the life of the person; providing a penalty; and providing other matters properly relating thereto.
Bill Text
What changed in the latest version
1195 added · 1177 removed1195 line(s) added, 1177 removed.
(Reprinted with amendments adopted on April 15, 2019) FIRST REPRINT S.B.
165 SENATE BILL NONO. .
165–SENATORS165–S PENATORS ARKS,PARKS , B ROOKS , RRATTI, ATTI, CANCELA , SPEARMANS PEARMAN ;
ATKINSON , C ANNIZZARO , D ONDERO LLOOP, OOP,D. HARRIS AND W OODHOUSE FEBRUARY 14, 2019 ____________ JOINT SPONSORS :
SSEMBLYMENHARRIS BILBRAYAND -AXELRODW ,OODHOUSE WATTSFEBRUARY ,14, YEAGER2019 ,____________ CARLTONJOINT ,SPONSORS WANK: ;
COHENSSEMBLYMEN ANDBILBRAY F-AXELROD UMO, ____________WATTS, YEAGER , ARLTO____________COHEN AND FUMO Referred to Committee on Health and Human Services SUMMARY—Makes various changes to provisions governing prescribing, dispensing and administering controlled substances designed to end the life of a patient.
revising provisions concerning medical certificates of death relating to a person who self-administers a physician to prescribe a controlled substance that is designed to end thehis lifeor ofher alife; patient under certain circumstances;
prohibitingauthorizing persons other than a patientphysician fromto administeringprescribe a controlled substance that is designed to end the life of thea patient;patient under certain circumstances;
imposingprohibiting requirementspersons onother than a patient from administering a controlled substance that is certain providers of health care relating to the records of a patient who requests a controlled substance that is designed to end his or her life;
prohibiting a person from refusing to sell or provide life insurance or denying benefits to or imposing additional charges against a requestpolicyholder foror abeneficiary controlled substance designed to end the life of theedthe person;
- *SB165**SB165_R1* – 2 – LegExistingLegislative lawCounsel’s authorizesDigest: a patient who has been diagnosed with a terminal condition to refuse life-resuscitating or life-sustaining treatment in certain circumstances and establishes certain requirements relating to controlled substances.
(NRSExisting 449A.500-449A.581,law 450B.400-450B.590, chapter 453 of NRS) Section 12 of this bill authorizes a patient towho requesthas thatbeen hisdiagnosed orwith hera physicianterminal prescribecondition ato controlledrefuse substancelife-resuscitating thator islife-sustaining designedtreatment toin endcertain thecircumstances lifeand ofestablishes thecertain patientrequirements ifrelating theto patient:controlled substances.
(1)(NRS 449A.500-449A.581, 450B.400-450B.590, chapter 453 of NRS) Section 12 of this bill authorizes a patient to request that his or her physician prescribe a controlled substance that is atdesigned leastto 18end yearsthe life of age;the patient if the condition by at least two physicians;
(2) has been diagnosed with a terminal condition by at least two physicians;
(4) has made an (6)informed isand notvoluntary requestingdecision theto controlledend substancehis becauseor ofher coercionown orlife; unduet;
and(5) influence.is competent;
and (6) is not requesting the controlled substance because of coercion or undue influence.
Section 15 of this bill imposes certain requirements before a physician is allowed to prescribe a controlled substanceinform designedthe topatient endof thehis lifeor ofher aright patient,to includingrevoke thata request for the physician:controlled substance at any time;
(1)(2) atdetermine anyand time;verify that the patient meets the requirements for making such a request;
(2) determine and verify that the patient meets the requirements forstance making such a request;
Section 16 of this bill requires a physician who determines that a patient who has requested a prescription for a controlled substance that is designed to end his or her life may not be competent to refer the patient to a psychiatrist or psychologistpsySections 17 and to36 receiveof confirmationthis aboutbill provide that only an attending physician or pharmacist may dispense a controlled substance that is designed to end the patient’slife competence.of a patient.
pharmacist may dispense a controlled substance that is designed to end the life of a patient.
Section 2219 ofalso thispsychologist billrelating prescribesto certainthe informationprescription thatof musta becontrolled reportedsubstance designed to end the Divisionlife of Publicthe and patient whoto hastake self-administeredplace suchin aperson. controlled substance.
Section 22 of this bill prescribes certain information that must be reported to the Division of Public and Behavioral Health of the Department of Health and Human Services relating to a patient who has self-administered such a controlled substance.
Section 20 of this bill allows a patient, at any time, to revoke a request for a controlled substance that is designed to end his or her life.
Sections 21 and 32 of this bill provide that only the patient to whom a controlled substance designed to personend ishis allowedor toher administerlife theis controlledprescribed substancemay toadminister the patient.controlled substance.
No other person is allowed to administer the controlled substance to the patient.
- *SB165_R1* – 3 – Section 24 of this bill makes certain providers of health care exempt from professional discipline, immune from civil and criminal liability and provides that such providers do not violate any applicable standard of care for taking certain - *SB165* – 3 – actions to assist a patient in acquiring a controlled substance designed to end the life of the patient.
Section 25 of this bill provides that a death resulting from the self-administration of a controlled substance that is designed to end the life of a patient is not suicide or homicide when done in accordance with the provisions of this bill, and section 1 of this bill requires a death certificate to list the terminal condition of the patient as the cause of death of the patient.
Sections 261 and 331.7 ofofminal this bill prohibitprovide that a personcoroner, fromcoroner’s preventingdeputy or requiringlocal a end the life of the person as a condition to receiving health careofficer oris asnot arequired conditionto: in an agreement, contract or will.
(1) certify the cause of such a death;
or (2) investigate such a death under certain circumstances.
Sections 26 and 33 of this bill prohibit a person from preventing or requiring a person to submit or revoke a request for a controlled substance that is designed to end the life of the person as a condition to receiving health care or as a condition in an agreement, contract or will.
(NRS 200.390) Such a crime is punishable by imprisonment for life with eligibility for parole after 5 years, or by a definite term of 15 years with eligibility for parole after 5 years.
Section 27 of this bill makes it a category A felony with the same punishment to engage in certain fraudulent or coercive acts intended to cause a theperson person.elf-administer a controlled substance that is designed to endself-administer the life of Section 28 of this bill clarifies that a physician is not required to prescribe a controlled substance that is designed to end the life of athe patientperson. or violate certain standards and responsibilities related to that profession.
Section 28 alsoof providesthis bill clarifies that a pharmacistphysician is not required to fillprescribe a prescriptioncontrolled forsubstance orthat dispenseis suchdesigned to end the life of a controlledpatient substance.or violate certain standards and responsibilities related to that profession.
Section 2928 ofalso thisprovides billthat allowsa thepharmacist owneris ornot operatorrequired ofto fill a healthprescription for or dispense such a care facility to prohibit an employee or independent contractor of the health carealth facility or any person who provides services on the premises of the health care facility from providing any services relating to prescribing a controlled substance designed to end the life of a patient while acting within the scope of his or her employment or contract with the facility or while on the premises of the facility.
Sections 30 and 31 of this bill make conforming changes to clarify that a physician or pharmacist may dispense a controlled substance that is designed to end the life of a patient and a patient may self-administer such a controlled substance in accordance with other provisions governing controlled substances designed to end theSection 34 of this bill provides that a proposed protected person shall not be deemed to be in need of a general or special guardian solely because the proposed protected person requested a controlled substance designed to end his or her life ofor revoked such a patient.request.
deemed to be in need of a general or special guardian solely because the proposed protected person requested a controlled substance designed to end his or her life or revoked such a request.
or (2) conditioning life insurance benefits or the payment of claims on whether the insured makes, fails to make or revokes a request for a a controlled substance.signedsubstance designed to end the life of the insured or self-administers such Wa HEREAScontrolled ,substance. A patient should have the right to self-determination concerning his or her health care decisions based on communications with his or her physician;
Show all 182 changed lines (142 more)
and- W*SB165_R1* HEREAS– ,4 Principles– ofW lawHEREAS having, theirA rootspatient inshould commonhave law and the Unitedright States Constitution that date back to theself-determination lateconcerning 19thhis centuryor establishher thehealth rightcare ofdecisions everybased personon tocommunications thewith possession and - *SB165* – 4 – control of his or her ownphysician; body, free from restraint or interference by others;
and W HEREAS , Principles of law having their roots in common law and the United States Constitution that date back to the late 19th century establish the right of every person to the possession and control of his or her own body, free from restraint or interference by others;
Chapter 440 of NRS is hereby amended by adding thereto a new section to read as follows:
1.
A coroner, coroner’s deputy or local health officer is not required to:
(a) Certify the cause of death of a patient who dies after self- administering a controlled substance that is designed to end the life of the patient in accordance with the provisions of sections 3 to 29, inclusive, of this act;
or (b) Investigate the death of a patient who dies after self- administering a controlled substance that is designed to end the life of the patient in accordance with the provisions of sections 3 to 29, inclusive, of this act if the coroner confirms the physician who prescribed the controlled substance.
2.
A coroner may access any records or information submitted to the Division of Public and Behavioral Health of the Department of Health and Human Services pursuant to section 22 of this act to confirm that a patient died from self-administering a controlled substance designed to end the life of the patient in accordance with the provisions of sections 3 to 29, inclusive, of this act.
- *SB165_R1* – 5 – Sec.
1.5.
The medical certificate of death of a patient who dies after self-administering a controlled substance that is designed to end the life of the patient in accordance with the provisions of sections 3prescribed to 29, inclusive, of this act must be signed by the attendingcontrolled physiciansubstance. who shall specify the terminal condition with which the patient was diagnosed as the cause of death of the patient.
-The *SB165*physician –shall 5specifywho –the Sec.terminal condition with which the patient was diagnosed as the cauSec.
1.7.
NRS 440.420 is hereby amended to read as follows:
440.420 1.
In case of any death occurring without medical attendance, the funeral director shall notify the local health officer, coroner or coroner’s deputy of such death and refer the case to the local health officer, coroner or coroner’s deputy .
[for immediate investigation and certification.] Except as otherwise provided in section 1 of this act, the coroner, coroner’s deputy or local health officer shall immediately investigate the death and certify the cause of death.
Where there is no qualified physician or advanced practice registered nurse in attendance, and in such cases only, the local health officer is authorized to make the certificate and return from the statements of relatives or other persons having adequate knowledge of the facts.
3.
If the death was caused by unlawful or suspicious means, the local health officer shall then refer the case to the coroner for investigation and certification.
- *SB165_R1* – 6 – 4.
In counties which have adopted an ordinance authorizing a coroner’s examination in cases of sudden infant death syndrome, the funeral director shall notify the local health officer whenever the cause or suspected cause of death is sudden infant death syndrome.
The local health officer shall then refer the case to the coroner for investigation and certification.
5.
The coroner or the coroner’s deputy may certify the cause of death in any case which is referred to the coroner by the local health officer or pursuant to a local ordinance.
Sec.
2.
“Consulting physician” means a physician to whom a patient is referred pursuant to subsection 5 of section 15 of this act for confirmation of the diagnosis and prognosis of the patient and act that the patient is competent.
Behavioral Health of the Department of Health and Human Services.
7.
“Division” means the Division of Public and Behavioral Health of the Department of Health and Human Services.
Sec.
Patients with terminal conditions who have suffered prolonged and unbearable pain as well as the loss of physical - *SB165_R1* – 7 – control at the end of their lives deserve the right to a peaceful and dignified death.
Other states that have enacted laws that allow patients with terminal conditions to choose a dignified death have found improvements in palliative and hospice care, including that nearly all of such patients participate in hospice care, and that such - *SB165* – 6 – patients are able to die at home surrounded by loved ones and friends.
3.
Is a resident of this State;
5.6.
Is competent;
and 6.
or - *SB165_R1* – 8 – (3) An owner, operator or employee of a health care facility where the patient is receiving treatment or is a resident.
- *SB165* – 7 – 2.
- *SB165_R1* – 9 – INITIAL ONE:
3 ..........
6 ..........
9 ..........
- *SB165* – 8 – I understand that I have the right to revoke this request at any time.
4 I understand the full import of this request, and I expect to die when I take the controlled substance to be prescribed.
and - *SB165_R1* – 10 – ......................................
5 Printed Name of Witness 1:
- *SB165* – 9 – NOTE:
Inform the patient that he or she may revoke a request for the controlled substance at any time and provide the patient with the opportunity to revoke his or her second verbal request made pur2.antDetermine and verify, after each verbal and written request for the controlled substance made pursuant to subsection 1 of prescription, that the patient meets the requirements ofe subsections 4 and 5 of section 1312 of this act;
2.
Determine and verify, after each verbal and written request for the controlled substance made pursuant to subsection 1 of section 13 of this act and immediately before writing the prescription, that the patient meets the requirements of subsections 4 and 5 of section 12 of this act;
Refer the patient to a consulting physician who is qualified by reason of specialty or experience to diagnose the terminal condition of the patient for examination and receive confirmation - *SB165_R1* – 11 – from that physician of the diagnosis and prognosis of the patient and that the patient meets the requirements of subsections 4 and 5 of section 12 of this act;
If the attending physician to whom a patient makes a request for a controlled substance that is designed to end - *SB165* – 10 – the life of the patient or a consulting physician determines that the patient may not be competent, the attending physician:
Except as otherwise provided in section 18 of thiscontrolled act,substance that is designed to end the life of the patient after the attending physician has ensured that the requirements of asec2.onsAfter patientan mayattending prescribephysician prescribes a controlled substance that is designed to end the life of thea patientpatient, after the attending physician hasshall, ensuredwith that the requirementswritten consent of sectionsthe 12patient, tocontact 16,a inclusive,pharmacist ofand thisinform actthe havepharmacist beenof met.the prescription.
2.
After an attending physician prescribes a controlled substance that is designed to end the life of a patient, the attending physician shall, with the written consent of the patient, contact a pharmacist and inform the pharmacist of the prescription.
- *SB165_R1* – 12 – 4.
- *SB165* – 11 – (a) Each request for such a controlled substance made by the patient and each revocation of such a request;
and (e) The name, amount and dosage of any controlled substance designed to end the life of the patient that the attending physician prescribes for the patient.
2.physician of the patient and document in the medical record of the patient his or her:
A consulting physician shall report to the attending physician of the patient and document in the medical record of the patient his or her:
- *SB165_R1* – 13 – 5.
Any interaction between a patient and an attending physician, consulting physician, psychiatrist or psychologist pursuant to sections 12 to 17, inclusive, of this act:
(a) Must take place in person;
and (b) May not occur using telehealth, as defined in NRS 629.515.
Only a patient to whom a controlled substance designed to end his or her life is prescribed may administer the - *SB165* – 12 – controlled substance.
An attending physician who prescribes a controlledshall:lled substance that is designed to end the life of a patient shall:(a) Not more than 30 days after prescribing the controlled controlled substance prescribed and the purpose for which the controlled substance was prescribed;
(a) Not more than 30 days after prescribing the controlled substance, provide to the Division the name and amount of the controlled substance prescribed and the purpose for which the controlled substance was prescribed;
The Division may adopt regulations requiring an attending physician who prescribes a controlled substance that is designed to end the life of a patient pursuant to section 17 of this act or a registered pharmacist who dispenses such a controlled substance - *SB165_R1* – 14 – to provide to the Division any other relevant information, except that the Division may not require the reporting of any personally identifiable information of a patient to whom a controlled substance that is designed to end the life of the patient is prescribed or dispensed.
Except as otherwise provided in NRS 239.0115 and sectionsections 1 and 23 of this act, any information or records submitted to the Division pursuant to this section are confidential.
- *SB165* – 13 – (c) The number of deaths in this State resulting from the administration of a controlled substance that is designed to end the life of a patient per 10,000 deaths in this State;
(e) Demographic information for each patient whose death was the result of self-administering a controlled substance that is designed to end the life of the patient, including the age of thetheis patient at death, his or her level of education, race and sex, the type of insurance under which the patient was covered, if any, and the terminal condition from which the patient suffered;
andny, and (f) The name of each such controlled substance prescribed to end the life of each such patient and the frequency with which each such controlled substance was prescribed for that purpose.
- *SB165_R1* – 15 – 2.
Any report or other document produced by this State, any political subdivision of this State or any agency, board, - *SB165* – 14 – commission, department, officer, employee or agent of this State must refer to a request for, acquisition of, prescription of, dispensation of and self-administration of a controlled substance that is designed to end the life of a patient as a request for, acquisition of, prescription of, dispensation of and self- administration, as applicable, of a controlled substance that is designed to end the life of a patient.patient.ntrolled substance that is Sec.
Sec.
A person shall not prevent or require a patient to make or revoke a request for a controlled substance that is designed to end the life of the patient as a condition of receiving health care.
or - *SB165_R1* – 16 – (3) Self-administer a controlled substance designed to end the life of the person;
- *SB165* – 15 – 2.
Sec.may prohibit:.
29.The owner or operator of a health care facility (a) Any employee or independent contractor of the health care inclusive, of this act while acting within the scope of his or her, employment or contract, as applicable, with the health care facility;
1.
The owner or operator of a health care facility may prohibit:
(a) Any employee or independent contractor of the health care facility from providing any services described in sections 3 to 29, inclusive, of this act while acting within the scope of his or her employment or contract, as applicable, with the health care facility;
and (b) Each health care provider not described in paragraph (a) who provides services on the premises of the health care facility, - *SB165_R1* – 17 – including, without limitation, through telehealth as defined in NRS 629.515.
- *SB165* – 16 – (b) Pursuant to an electronic prescription of a practitioner which complies with any regulations adopted by the Board concerning the use of electronic prescriptions.
(c) Upon the use of a facsimile machine to transmit the prescriptionor for a substancepractitioner’s includedagent into schedulea pharmacy for:edule II by a practitioner or(1) aDirect practitioner’sadministration agent to a pharmacypatient for:by parenteral solution;
(1) Direct administration to a patient by parenteral solution;
- *SB165_R1* – 18 – 4.
(a) “Facsimile machine” means a device which sends or receives a reproduction or facsimile of a document or photograph which is - *SB165* – 17 – transmitted electronically or telephonically by telecommunications lines.
(1) Dispensing or administering a narcotic drug for pain, whetherwhethe(2) orDispensing nota intractablecontrolled [.]substance ;designed to end the life of a patient pursuant to the provisions of sections 3 to 29, inc(c) “Parenteral solution” has the meaning ascribed to it in NRS 639.0105.
and (2) Dispensing a controlled substance designed to end the life of a patient pursuant to the provisions of sections 3 to 29, inclusive, of this act.
(c) “Parenteral solution” has the meaning ascribed to it in NRS 639.0105.
(a) For the first offense, by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not - *SB165_R1* – 19 – more than 6 years, and may be further punished by a fine of not more than $20,000.
- *SB165* – 18 – 3.
Unless a greater penalty is provided in NRS 453.333 or 453.334, if a person violates subsection 1, and the controlled substance is classified in schedule III, IV or V, the person shall be punished:
is classified in schedule III, IV or V, the person shall be (a) For the first offense, for a category C felony as provided in NRSNRS(b) 193.130.For a second offense, or if, in the case of a first conviction of violating this subsection, the offender has previously been convicted of violating this section or of any offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to a violation of this section, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $15,000.
(b) For a second offense, or if, in the case of a first conviction of violating this subsection, the offender has previously been convicted of violating this section or of any offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to a violation of this section, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $15,000.
- *SB165_R1* – 20 – 5.
or - *SB165* – 19 – (II) A county or district board of health in a county whose population is 100,000 or more;
(II) A county board of health in a county whose populationpopulatio(III) isA 100,000district board of health created pursuant to NRS 439.362 or more;439.370 in any county.
orphysician (III)assistant. A district board of health created pursuant to NRS 439.362 or 439.370 in any county.
(d)therapist, at the direction of a physician or (e) A respiratorymedical therapist,student, student in training to become a physician assistant or student nurse in the course of his or her studies at an accredited college of medicine or approved school of professional or practical nursing, at the direction of a physician or physician assistant.assistant and:
(e) A medical student, student in training to become a physician assistant or student nurse in the course of his or her studies at an accredited college of medicine or approved school of professional or practical nursing, at the direction of a physician or physician assistant and:
- *SB165_R1* – 21 – (g) Any person designated by the head of a correctional institution.
(k) A person who is enrolled in a training program to become a paramedic, respiratory therapist or veterinary technician if the person possesses and administers the controlled substance in the same manner and under the same conditions that apply, respectively, - *SB165* – 20 – to a paramedic, respiratory therapist or veterinary technician who may possess and administer the controlled substance, and under the direct supervision of a person licensed or registered to perform the respective medical art or a supervisor of such a person.
(a) A medical school that is accredited by the Liaison Committee on Medical Education of the American MedicalMedicalson Association and the Association of American Medical Colleges or theirthe(b) successorAcceschoolrgaofzaosteopathic organizations;medicine, as defined in NRS 633.121.
or (b) A school of osteopathic medicine, as defined in NRS 633.121.
Any provision in a will executed on or after the effective date of this act that conditions a devise on any person requesting or failing to request a controlled substance designed to end his or her life, revoking such a request or self-administering such a - *SB165_R1* – 22 – controlled substance in accordance with the provisions of sections 3 to 29, inclusive, of this act is unenforceable and void.
A proposed protected person shall not be deemed to be in need of a general or special guardian based solely upon a request by the proposed protected person for a controlled substance that is designed to end his or her life or the revocation of such a request - *SB165* – 21 – if made in accordance with the provisions of sections 3 to 29, inclusive, of this act.
Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045,118B.026,9.2119.260,30,119.265, 89.251,1119.267,11119.280,116119A.280, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.01249, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3925, 209.419, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 286.110, 287.0438, - *SB165_R1* – 23 – 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.035, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 432B.5902, 433.534, 433A.360, 437.145, 439.840, 439B.420, 440.170, - *SB165* – 22 – 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 445A.665, 445B.570, 449.209, 449.245, 449A.112, 450.140, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.365, 480.940, 481.063, 481.091, 481.093, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.400, 640C.600, 640C.620, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641.325, 641A.191, 641A.289, 641B.170, 641B.460, 641C.760, 641C.800, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645E.300, 645E.375, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 679B.122, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, - *SB165_R1* – 24 – 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.320, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and section 22 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records.
This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or - *SB165* – 23 – affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.
A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity cancanntains redact, delete, conceal or separate the confidential information from theotherwise informationconfidential.d included in the public book or record that is not otherwise4. confidential.
4.
Subject to the limitations set forth in NRS 632.237 [,] and except as otherwise provided in section 17 of this act, an advanced practice registered nurse may dispense controlled - *SB165_R1* – 25 – substances, poisons, dangerous drugs and devices if the advanced practice registered nurse:
- *SB165* – 24 – (a) Issue a certificate of registration limiting:
(3) The kind and amount of controlled substances, poisons, dangerous drugs and devices which the certificate permits the advanced practice registered nurse to dispense;
andandermits the (4) The practice of the advanced practice registered nurse which involves controlled substances, poisons, dangerous drugs and devices in any manner which the Board finds necessary to protectprotectnd the health, safety and welfare of the public;
- *SB165_R1* – 26 – (a) The areas in which an advanced practice registered nurse who holds a certificate from the Board can be expected to practice and the populations of those areas;
- *SB165* – 25 – Sec.
(d) A member, inspector or investigator of the Board or an inspector of the Food and Drug Administration or an agent of the Investigation Division of the Department of Public Safety;
(e) An agency of state government charged with the responsibility of providing medical care for the patient;
- *SB165_R1* – 27 – (1) For the investigation of an alleged crime reported by an employee of the pharmacy where the crime was committed;
- *SB165* – 26 – (a) The person whose name is on the container of the controlled substance or dangerous drug that is found on or near the body of a deceased person;
Except as otherwise provided in NRS 639.2357, any copy of a prescription for a controlled substance or a dangerous drug as defined in chapter 454 of NRS, issued to a person authorized by this section to receive such a copy, must contain all of the information appearing on the original prescription and be clearly marked on its face “Copy, Not Refillable—For Reference Purposes Only.” The on its copy must bear the name or initials of the registered pharmacist who preparedpre4.redIf a copy of a prescription for any controlled substance or a dangerous drug as defined in chapter 454 of NRS is furnished to the copy.customer, the original prescription must be voided and notations made thereon showing the date and the name of the person to whom the copy was furnished.
4.
If a copy of a prescription for any controlled substance or a dangerous drug as defined in chapter 454 of NRS is furnished to the customer, the original prescription must be voided and notations made thereon showing the date and the name of the person to whom the copy was furnished.
Deny a claim under a policy of life insurance or annuity contract, cancel a policy of life insurance or annuity contract or impose an additional charge on a policyholder or beneficiary solely because the insured has, in accordance with the provisions of sections 3 to 29, inclusive, of this act, requested a controlled - *SB165_R1* – 28 – substance designed to end the life of the insured, revoked such a request or self-administered such a controlled substance.
contract3. that, in conflict with the provisions of this section, allows the denial of a claim or cancellation of the policy or contract and which is included in a policy or contract that has been or is delivered, issued for delivery or renewed before, on or after the effective date of this act is void and unenforceable.
-Any *SB165*provision –of 27a –policy Sec.of life insurance or annuity contract that, in conflict with the provisions of this section, allows the denial of a claim or cancellation of the policy or contract and which is included in a policy or contract that has been or is delivered, issued for delivery or renewed before, on or after the effective date of this act is void and unenforceable.
Sec.
Deny a claim under a policy of group life insurance, cancel a policy of group life insurance or impose an additional charge on a policyholder or beneficiary solely because the insured has, in accordance with the provisions of sections 3 to 29, inclusive, of this act, requested a controlled substance designed to end the life of the insured, revoked such a request or self- administeredadm2.istRefuse suchto sell, provide or issue a policy of group life insurance that covers a person or charge a higher rate to cover a provisions of sections 3 to 29, inclusive, of this act, requested a controlled substance.substance designed to end the life of the person or revoked such a request.
2.
Refuse to sell, provide or issue a policy of group life insurance that covers a person or charge a higher rate to cover a person solely because the person has, in accordance with the provisions of sections 3 to 29, inclusive, of this act, requested a controlled substance designed to end the life of the person or revoked such a request.
Any provision of a policy of group life insurance that, in conflict with the provisions of this section, allows the denial of a claim or cancellation of the policy and which is included in a policy that has been or is delivered, issued for delivery or renewed before, on or after the effective date of this act is void and unenforceable.
- *SB165_R1* – 29 – 1.
but nothing in this subsection shall be construed to require that group life insurance policies contain the same nonforfeiture provisions as are required for individual life insurance policies.
- *SB165* – 28 – Sec.
H - *SB165**SB165_R1*
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View plain text versions (2)
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- Introduced As Introduced pdf
Amendments
1 amendmentClick Show changes on an amendment above to see how it modifies the bill.
Action History
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(Pursuant to Joint Standing Rule No. 14.3.2, no further action allowed.)
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From printer. To engrossment. Engrossed. First reprint. Taken from General File. Placed on Secretary's desk.
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Read second time. Amended. (Amend. No. 56.) To printer.
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From committee: Amend, and do pass as amended.
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From printer. To committee.
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Read first time. Referred to Committee on Health and Human Services. To printer.
Sponsors
- Senator David Parks · Primary
- Senator Yvanna Cancela · Primary
- Assemblyman Howard Watts · Primary
- Assemblyman Steve Yeager · Primary
- Senator Marilyn Dondero Loop · Primary
- Nicole J. Cannizzaro · Primary
- Ozzie Fumo · Primary
- Lesley Cohen · Primary
- Joyce Woodhouse · Primary
- Dallas Harris · Primary
- Kelvin Atkinson · Primary
- Heidi Swank · Primary
- Maggie Carlton · Primary
- Shannon Bilbray-Axelrod · Primary
- Pat Spearman · Primary
- Julia Ratti · Primary
- Chris Brooks · Primary
Sponsorship breakdown
Export CSV (upgrade) →17 sponsors · 0 co-sponsors · 50 not signed on
Sponsors (17)
- Senator David Parks
- Senator Yvanna Cancela
- Assemblyman Howard Watts
- Assemblyman Steve Yeager
- Senator Marilyn Dondero Loop
- Cannizzaro, Nicole J. Democratic
- Ozzie Fumo
- Cohen, Lesley
- Joyce Woodhouse
- Harris, Dallas
- Kelvin Atkinson
- Heidi Swank
- Maggie Carlton
- Shannon Bilbray-Axelrod
- Pat Spearman
- Julia Ratti
- Chris Brooks
Co-sponsors (0)
None.
Not signed on (50)
50 members have not signed on to this bill.
Show all 50 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- What does SB 165 do?
- AN ACT relating to public health; revising provisions concerning medical certificates of death relating to a person who self-administers a controlled substance designed to end his or her life; authorizing a physician to prescribe a controlled substance that is designed to end the life of a patient under certain circumstances; prohibiting persons other than a patient from administering a controlled substance that is designed to end the life of the patient; imposing requirements on certain providers of health care relating to the records of a patient who requests a controlled substance that is designed to end his or her life; providing immunity to certain providers of health care who take certain actions relating to prescribing or dispensing a controlled substance that is designed to end the life of a patient; prohibiting certain fraudulent or coercive acts for the purpose of causing a person to self-administer a controlled substance that is designed to end the life of the person; authorizing the owner or operator of a health care facility to prohibit certain persons from providing certain services relating to a controlled substance that is designed to end the life of a patient; prohibiting a person from conditioning provisions of a will, contract, agreement or policy of life insurance on the request for or acquisition or administration of a controlled substance designed to end the life of the person; prohibiting a person from refusing to sell or provide life insurance or denying benefits to or imposing additional charges against a policyholder or beneficiary because the insured requested or revoked a request for a controlled substance designed to end the life of the person; providing a penalty; and providing other matters properly relating thereto.
- Who sponsors SB 165?
- SB 165 is sponsored by Senator David Parks, Senator Yvanna Cancela, Assemblyman Howard Watts, Assemblyman Steve Yeager, Senator Marilyn Dondero Loop, Cannizzaro, Nicole J. (Democratic), Ozzie Fumo, Cohen, Lesley, Joyce Woodhouse, Harris, Dallas, Kelvin Atkinson, Heidi Swank, Maggie Carlton, Shannon Bilbray-Axelrod, Pat Spearman, Julia Ratti, and Chris Brooks.
- What is the current status of SB 165?
- This bill died with 2019 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 165?
- Track SB 165 free on One Click Politics — get push/email alerts when it moves.
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