SB 239 — Establishes provisions governing the prescribing, dispensing and administering of medication designed to end the life of a patient. (BDR 40-677)
Last action — Vetoed by the Governor. Returned to Senate with Governor's veto message. Made Special Order of Business for June 5, 2023, at 10:59 P.M.. No further consideration.
-
✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed Assembly
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5To Executive
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6Enacted
This bill died with 2023 Regular Session. It reached “To Executive” 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.
Vetoed by Governor Joe Lombardo (Republican) on June 05, 2023.
This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
1268 added · 1341 removed1268 line(s) added, 1341 removed.
(ReprintedSenate withBill amendmentsNo. adopted on April 17, 2023) FIRST REPRINT S.B.
239239–Senators SENATEFlores, BILLD. NO .
239–ENATORSHarris, FLORESSpearman, ,Cannizzaro; D.
ARRIS,Daly, PEARMANDonate, ,Lange, CANNIZZARONguyen ;and Scheible Joint Sponsors:
ALYAssemblymen ,Torres, DONATENguyen, ,González, ANGEWatts, ,Gorelow; NGUYEN AND SCHEIBLE M ARCH 8, 2023 ____________ JOINT SPONSORS :
ABilbray-Axelrod, SSEMBLYMENCarter, TORRESCohen, ,Considine NGUYENand ,Orentlicher GONZÁLEZCHAPTER.......... , W ATTS , GORELOW ;
BILBRAY -AXELROD , CARTER , COHEN , C ONSIDINE AND ORENTLICHER ____________ Referred to Committee on Health and Human Services SUMMARY—Establishes provisions governing the prescribing, dispensing and administering of medication designed to end the life of a patient.
(BDR 40-677) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
revising provisions concerning medical certificates of death relating to a person who self-administersself- administers a medication that is designed to end his or her life;
prohibiting persons other lifeofthepatient;imposingrequirementsoncertainprovidersofhealthcareendthana the and health care facilities relating to the records of a patient whofromadministeringamedicationthat requestsisdesigned a medication that is designed to end histhe orlife herof life;the patient;
providingimposing immunityrequirements toon certain providersprovidersofhealthcareandhealthcarefacilitiesrelatingtothe records of health care and health care facilities that take certain actions relating to prescribing or dispensing a medicationpatient thatwho isrequests designed toendthelifeofapatient;authorizingtheowneroroperatorofahealthcare facility to prohibit certain persons from providing certain services relating to a medication that is designed to end thehis lifeor ofher alife; patient;
prohibitingproviding aimmunity personfromconditioningprovisionsofawill,contract,agreementorpolicyto ofcertain lifeproviders insurance on the request for or acquisition or administration of ahealth medicationthatisdesignedtoendthelifeoftheperson;prohibitingapersoncare fromand denyinghealth benefitscare underfacilities athat policytake ofcertainactions liferelating insurance to orprescribing imposing additionalchargesagainstapolicyholderorbeneficiarybecausetheinsured requested or revokeddispensing a request for a medication that is designed to end the life oftheof person;a patient;
andauthorizing the owner or operator of a health care facility to prohibit certain persons from providing othercertain mattersservices properlyrelatingrelating thereto.to a medication that is designed to end the life of a patient;
-prohibiting *SB239_R1*a –person 2from –conditioningprovisionsofawill,contract,agreementorpolicy LegExistingof lawlife authorizesinsurance aon patientthe whorequest hasfor beenor diagnosedacquisition withor administration of a terminalmedication conditionthat tois refusedesigned life-resuscitatingto orend life-sustainingthe treatmentlife inof certainthe circumstances.person;
prohibiting a person from denying benefits under a policy of life insurance to or imposing additional charges against a policyholder or beneficiary because the insured requested or revoked a request for a medication that is designed to end the life of the person;
and providing other matters properly relating thereto.
LegExisting law authorizes a patient who has been diagnosed with a terminal condition to refuse life-resuscitating or life-sustaining treatment in certain circumstances.
Section20ofthis billdefines “practitioner” to mean a physician, osteopathic physician or advanced practice registered nurse.
Section 23 of this bill authorizes a patient to request that his or her attending (1)practitioner isprescribe atamedication leastthat 18isdesigned yearsto ofend age;his orherlife if the patient:
(1) is at least 18 years of age;
(3) has made an informed and voluntary decision to end his - 82nd Session (2023) – 2 – or her own life;
Section 2526 of this bill prescribesimposes thecertain formrequirements forbefore thea writtenpractitioner requestisedication. for the medication.
Section 27 of this bill requires a practitioner who determines that a patient who has requested a prescription for a medication that is designed to end his or her life may not be mentally capable to refer the patient to a qualified mental health professional and to receive confirmation about the patient’s mental capability.
(1)prescribesproceduresfor thetheissuanceofa issuanceofa prescription for a medication that is designed to end the life of the patient;
and (2) provides that onlySection 29 of this bill prohibits an attending practitioner orfrom prescribing a pharmacistmedication maythat dispenseis suchdesigned to end the life of a medication.patient based solely on the age or disability of the patient.
Section 2930 of this bill prohibitsrequires ancertain attendingproviders practitionerof fromhealth prescribingcare to include certain information concerning requests and prescriptions for and the dispensing of a medication that is designed to end the life of a patient basedin solely on the agemedical orrecord disability of the patient.
Section 30 of this bill requires certain providers of health dispensing of a medication that is designed to end the life of a patient in the medical record of the patient.
Section 34 of this bill requires the Division to compile an annual report concerning the implementation of the provisions of this bill authorizing a patient to request a prescription for a medication that is designed to end the life of the patient.
Sections 33, 46 and 47 of this bill provide that such information is otherwise confidential whenwhenSection reported31 of this bill authorizes a patient, at any time, to therevoke Division.a request for a medication that is designed to end his or her life.
-Sections *SB239_R1*32 –and 341 –of this bill provide that only the patient to whom a medication that is designed to end his or her life.lifeis prescribed mayadministerthemedication.
Sections 32 and 41 of this billor a provide that only the patient to whom a medication that is designed to end his or her lifeisprescribed mayadministerthemedication.
Section 35 of this bill provides that a death resulting from the self-administration of a medication that is designed to end the life of a patient is not mercy killing,tionkilling, of- 82nd Session (2023) – 3 – euthanasia, assisted suicide, suicide or homicide when done in accordance with the provisions of this bill, and section 4 of this bill requires a death certificate to list the terminal condition of the patient as the cause of death of the patient.
Sections 3 and 7 of this bill provide that a coroner, coroner’s deputy or local health officer is not required to certify the cause of such a death.
(1) authorizes a coroner to make an appropriate investigation after discovering that a person has self-administered a medication designed to end the life of the person, to the extent necessaryto determine the cause of the terminal condition with which the person was thatdiagnosed; the terminal condition resulted from a natural cause.
Show all 201 changed lines (161 more)
and (2) requiresacoroner to ceasesuch an investigation after determining that the terminal condition resulted from a natural cause.
Section 37 of this bill clarifies that a practitioner is not required to prescribe a medication that is designed to end the life of a patient and remains responsible for treatingcondition requests information concerning the patient’sprescription pain.and self-administrationl of a medication that is designed to end the life of the patient, section 37 requires a practitioner to provide that information or facilitate the transfer of the patient to another provider of health care.
However, if a patient who is diagnosed with a terminal of a medication that is designed to end the life of the patient, section 37 requires a practitioner to provide that information or refer the patient to another provider of health care who is willing to do so.
Section 38 of this bill allows the owner or operator of a health care facility to prohibit an employee or independentcontractor ofthehealth carefacilityor anyperson whoprovidesservices on the premises of the health care facility from providing any services relating to prescribing a medication that is 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 healththe carefromtakingcertainpremises actionsagainst anemployee or independentcontractorovider of who:the facility.
(1)Section provides39 accurate,prohibits scientifica informationhealth concerningcare end-of-lifefacility careor toprovider aof patient;health carefromtakingcertain actionsagainst anemployee or independentcontractor who:
or(1) (2)provides facilitatesaccurate, thescientific prescriptioninformation orconcerning self-administrationend-of-life ofcare ato medicationa that is designed to end the life of the patient.
Sections 40-43 of this bill make conformingconformingt changes to clarify that a practitioner or pharmacist is authorized to dispense a medication that is designed to end the life of a patient that is a controlled substance or dangerous drug and a patient mayself-administer such a medication in accordance with other provisions governing medications designed to end the life of a patient.
Section 45 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 medication that is designed to end his or her life or revoked such a request.
Sections 48 and 49 of this bill prohibit insurers from conditioning life insurance benefits, group life insurance benefits or the payment of claims on whether the insured makes, fails to make or revokes a request for a medication that is designed to - *SB239_R1* – 4 – end the life of the insured or self-administers such a medication.
Section 50 of this bill makes a conforming change to reflect this prohibition on a policy of group life insurance.
a conforming change to reflect this prohibition on a policy of group life - 82nd Session (2023) – 4 – EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
and W HEREAS , Patient-directed care respects and responds to the decisions, preferences, needs and values of individual patients, ensures that the values of patients direct all clinical decisions concerning their care and ensures that patients are fully informed of andabletoaccesstheoptionsforcarethattheydesire;now,therefore, 26THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:DFOLLOWS: IN 28 Section 1.
Section 1.
A coroner, coroner’s deputy or local health officer is not required to certify the cause of death of a patient who dies after self-administering a medication that is designed to end the life of the patient in accordance with the provisions of sections 10 to 39, inclusive, of this act.
A coroner, coroner’s deputy or local health officer 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 33 of this act to confirm that a patient died from self-administering a medication that is designed - *SB239_R1*82nd Session (2023) – 5 – to end the life of the patient in accordance with the provisions of sections 10 to 39, inclusive, of this act.
The medical certificate of death must be signed by the physician or advanced practice registered nurse, if any, last in attendance on the deceased, or pursuant to regulations adopted by the Board, it may be signed by the attending physician’s associate physician, the chief medical officer of the hospital or institution in which the death occurred, or the pathologist who performed an autopsy upon the deceased.
and (b) Must not indicate suicide as the cause of death or mention that the patient self-administered a medication that is designed to end the life of the patient.
Sec.Secs.
5.5 and 6.
6.
(Deleted by amendment.) Sec.
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 - *SB239_R1*82nd Session (2023) – 6 – statements of relatives or other persons having adequate knowledge of the facts.
If the death was caused by unlawful or suspicious means, the local health officer shall then refer the case to the coroner for investigationinv4.tigIn andcounties certification.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.
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.
“Attending practitioner” means the practitioner who hasfrom primarywhich responsibilitya forpatient suffers.r the treatment of a terminal condition fromSec. which a patient suffers.
Sec.
“Consulting practitioner” means a practitioner to whom a patient is referred pursuant to paragraph (d) of subsection 1 of section 26 of this act for confirmation of the diagnosis and prognosis of the patient and that the patient is mentally capable.
- *SB239_R1*82nd Session (2023) – 7 – Sec.
“Physician” means a person who is licensed to practice medicine pursuant to chapter 630633 of NRS.0 of NRS or osteopathic medicineSec. pursuant to chapter 633 of NRS.
Sec.
Is not requesting the medication because of coercion, deceptiondecSec. or undue influence.
Sec.
1.1.ndue A patient who wishes to obtain a prescription for a medication that is designed to end his or her life must:
A patient who wishes to obtain a prescription for a medication that is designed to end his or her life must:
- 82nd Session (2023) – 8 – (2) Entitled to any portion of the estate of the patient upon death under a will or by operation of law;
- *SB239_R1* – 8 – (3) An owner, operator or employee of a health care facility where the patient is receiving treatment or is a resident;
(4)(5) TheAn attendinginterpreter practitioner;for the patient.
or (5) An interpreter for the patient.
I- request82nd thatSession my(2023) attending– practitioner9 prescribe– a medication that I may self-administer to end my life and - *SB239_R1* – 9 – authorize my attending practitioner to contact a pharmacist to fill the prescription at a time of my choosing.
4 I make this request voluntarily, free from coercion or undue influence.
7 Signed:
9 Dated:
(a) Inform the patient that he or she may revoke a request for the medication at any time and provide the patient with thethest for opportunity to revoke his or her second verbal request made pursuant to subsection 1 of section 24 of this act;
(b) Determine and verify, after each verbal and written request for the medication made pursuant to subsection 1 of section 24 of this act and immediately before writing the prescription, that the patient meets the requirements of subsections 3, 4 and 5 of section 23 of this act;
(3) The risks and benefits of self-administering the medication,result including,of withoutself-administering limitation,the thatmedication;hat death is the probable result(4) ofThe recommended procedure for self-administering the medication;
(4) The recommended procedure for self-administering the medication;
and - 82nd Session (2023) – 10 – (7) The benefits of notifying the patient’s next of kin of his or her decision to request a prescription for a medication that is designed to end the life of the patient;
(d) Refer the patient to a consulting practitioner who is qualified by reason of specialty or experience to diagnose the - *SB239_R1* – 10 – terminal condition of the patient for examination and receivereceivee written confirmation from that practitioner of the diagnosis and prognosis of the patient and that the patient meets the requirements of subsections 3, 4 and 5 of section 23 of this act;
and (b) The attending practitioner must not prescribe a medication that is designed to end the life of the patient, unless the person professionally qualified in the field of psychiatric mental health concludes, based on the examination, that the patient is mentally capable.
Except as otherwise provided in section 29 of this act, the attending practitioner of a patient may prescribe a medication that is designed to end the life of the patient after the attendingpractitioner hasensuredthattherequirements of sections 23 to 27, inclusive, of this act have been met.
2.- 82nd Session (2023) – 11 – is designed to end the life of a patient, the attending practitioner shall, after obtaining the written consent of the patient, contact a pharmacist and inform thepharmacist of the prescription.
After an attending practitioner prescribes a medication that is designed to end the life of a patient, the attending practitioner shall, after obtaining the written consent of the patient, contact a pharmacist and inform the pharmacist of the prescription.
A medication that is designed to end the life of a patient may only be dispensed by a registered pharmacist or by the attending - *SB239_R1* – 11 – practitioner of the patient.
An attending practitioner shall not prescribe a medicationon thatthe isage designedor todisability endof the lifepatient.ife of a patient based solely onSec. the age or disability of the patient.
Sec.
(1) The attending practitioner offered the patient the opportunity to revoke his or her second verbal request for the medication,asrequiredbysubsection1ofsection26ofthisact;andmedication,asrequiredbysubsection1ofsection 26ofthisact;and (2) The requirements set forth in sections 10 to 39, inclusive, of this act have been satisfied;
- 82nd Session (2023) – 12 – 2.
(a) Confirmation that the patient has requested a medication designeddes(b) toDiagnosis endand opinion regarding the lifeprognosis of the patient;
(b) Diagnosis and opinion regarding the prognosis of the patient;
A person professionally qualified in the field of psychiatric mental health to whom a patient is referred pursuant to section 27 - *SB239_R1* – 12 – of this act shall document in the medical record of the patient his or her determination of whether the patient is mentally capable.
When the patient revokes such a request, the attending practitioner must document thetheSec. revocation in the medical record of the patient.
Sec.
Onlyin tOnly a patient to whom a medication that is designed to end his or her life is prescribed may administer the medication.
(a) Not more than 30 days after prescribing the medication, provide to the Division in the form prescribed by the Division the name, date of birth, diagnosis and prognosis of the patient and - 82nd Session (2023) – 13 – affirmation that the prescription was issued in accordance with the provisions of sections 10 to 39, inclusive, of this act;
and (b) Not more than 60 days after the death of a patient from administering the medication, provide to the Division the name and date of birth of the patient, the date on which the patient died and a statement of whether the patient was receiving hospice care at thethend a time of death.
Except as otherwise provided in NRS 239.0115 and sections 3 and 34 of this act, any information or records submitted to the Division pursuant to this section are confidential.
- *SB239_R1* – 13 – 4.
(2) The number of patients described in subparagraph (1) who died after self-administering the medication and the terminal conditionsconditi(3) whichThe werenumber specifiedof aspractitioners thewho causeprescribed ofaeaths; those deaths;
and (3) The number of practitioners who prescribed a medication that is designed to end the life of a patient.
Any report or other document produced by this State, any political subdivision ofthisState oranyagency,board,commission, department, officer, employee or agent of this State must refer to a request for, acquisition of, prescription of, dispensing of and self- - 82nd Session (2023) – 14 – administration of a medication that is designed to end the life of a patient as a request for, acquisition of, prescription of, dispensing of and self-administration, as applicable, of a medication that is designed to end the life of a patient.
Sec.or revoking or require a patient to make or revoke a request for ag medication that is designed to end the life of the patient as a condition of receiving health care.
36.
1.
A person shall not prevent a patient from making or revoking or require a patient to make or revoke a request for a medication that is designed to end the life of the patient as a condition of receiving health care.
- *SB239_R1* – 14 – Sec.
An attending practitioner shall provide a patient who is diagnosed with a terminal condition with complete and accurate information concerning his or her available options for care and theunwilling risksor unable to provide information concerning theactitioner is prescription and benefitsself-administration of eacha option.medication that is designed to end the life of the patient in accordance with sections to 39, inclusive, of this act to a patient who requests such information, the attendingpractitionermust facilitatethe transition of the patient to another provider of health care, unless the patient refuses such a transition.
IfAn an attending practitioner iswho unwillingfails or unable to providecomply informationwith concerning the prescriptionrequirements and self-administration of athis medicationsubsection thatshall isbe designeddeemed to endhave thefailed lifeto ofobtain theinformed patientconsent in accordance with sections 10 to 39,any inclusive,care ofprovided this act to athe patient whoafter requests such information, the attendingrequest. practitioner must refer the patient to another provider of health care who is willing and able to provide this information.
An attending practitioner whofailsto comply with the requirements of this subsection shall be deemed to have failed to obtain informed consent to any care provided to the patient after the request.
(a)- Document82nd theSession request(2023) and– the15 date– of the request in the medical record of the patient;
andande date of the request in the (b) Upon request, forward the medical records of the patient as required by subsection 4 of section 30 of this act.
or (b) Any other person, including, without limitation, an employee or independent contractor of the health care facility or another provider of health care who provides services on the premises of the health care facility, from providing any services - *SB239_R1* – 15 – described in sections 10 to 39, inclusive, of this act on the premises of the health care facility.
2.any person from providing services described in sections 10 to 39,ts inclusive, of this act shall provide notice of the prohibition to:
An owner or operator of a health care facility who prohibits any person from providing services described in sections 10 to 39, inclusive, of this act shall provide notice of the prohibition to:
The owner or operator of a health care facility may take any action authorized by law or authorized pursuant to any applicable rule, policy, procedure or contract against any person who provides a service prohibited by the owner or operator in compliance with subsection 1 while acting within the scope of his or her employment orfacility.ct, contract, as applicable, or on the premises of the health care facility.Sec.
Sec.
(I) Providing services described in sections 10 to 39, inclusive, of this act outside the scope of the employment or contract, as applicable, and off the premises of the health care - 82nd Session (2023) – 16 – care;ity or any premises owned or operated by the provider of health (II) Being present when a patient self-administers a medication that is designed to end the life of the patient outside the scope of his or her employment or contract, as applicable, and off the premises of the health care facility or any premises owned or operated by the provider of health care;
(II) Being present when a patient self-administers a medication that is designed to end the life of the patient outside the scope of his or her employment or contract, as applicable, and off the premises of the health care facility or any premises owned or operated by the provider of health care;
or (2) Discharge, demote, censure, suspend, revoke or suspend the privileges of, discipline or otherwise penalize an employee or -subparagraph *SB239_R1*(1).actor – 16 – independent contractor who takes any action described in subparagraph(b) (1).A practitioner, person professionally qualified in the field of psychiatric mental health, pharmacist or other provider of health care is not subject to professional discipline, does not violate any applicable standard of care and is not subject to any civil or criminal penalty solely because the provider of health care:
(b) A practitioner, person professionally qualified in the field of psychiatric mental health, pharmacist or other provider of health care is not subject to professional discipline, does not violate any applicable standard of care and is not subject to any civil or criminal penalty solely because the provider of health care:
(c) A health care facility is not subject to disciplinary action, does not violate any applicable standard of care and is not subject to any civil or criminal penalty solely because an employee ororbject independent contractor of the health care facility takes any action authorized by sections 10 to 39, inclusive, of this act.
- 82nd Session (2023) – 17 – (1) Assists a patient in preparing a medication that is designed to end the life of the patient in accordance with subsection 1 of section 32 of this act;
or (2) Is present when a patient self-administers a medication thatas isa designedresult to end the life of thesuch patientself-administration.patient or when a patient dies as2. a result of such self-administration.
2.
The provisions of this section do not limit liability for damages resulting from the negligence or intentional misconduct - *SB239_R1* – 17 – of any person providing services pursuant to sections 10 to 39, inclusive, of this act.
A prescription for a substance included in schedule III or IV which is a dangerous drug as determined under NRS 454.201 must not be filled or refilled more than 6 months after the date thereof or be refilled more than five times, unless renewed by the practitioner.
5.- 82nd Session (2023) – 18 – included in schedule II, III or IV for the practitioner’s own personal use except in a medical emergency.
An individual practitioner may not dispense a substance included in schedule II, III or IV for the practitioner’s own personal use except in a medical emergency.
(b) A registered nurse licensed to practice professional nursing or licensed practical nurse, at the direction of a physician, physicianphysicianor assistant, dentist, podiatric physician or advanced practice registered nurse, or pursuant to a chart order, for administration to a patient at another location.
- *SB239_R1* – 18 – (I) The StateBoard of Healthina countywhose population is less than 100,000;
or (III)439.362 Aor district439.370 boardin ofany county.of health created pursuant to NRS 439.362(d) orA 439.370respiratory intherapist, anyat county.the direction of a physician or physician assistant.
(d) A respiratory therapist, at the direction of a physician or physician assistant.
(1)- In82nd theSession presence(2023) of– a19 physician,– physician assistant or a registered nurse;
oresence of a physician, physician assistant or a (2) Under the supervision of a physician, physician assistant or a registered nurse if the student is authorized by the college or school to administer the substance outside the presence of a physician, physician assistant or nurse.
(i) In accordance with applicable regulations of the State Board of Health, an employee of a residential facility for groups, as defined in NRS 449.017, pursuant to a written agreement entered into by thetheined ultimate user.
(k) A person who is enrolled in a training program to become a paramedic, respiratory therapist or veterinary technician if the person - *SB239_R1* – 19 – possesses and administers the controlled substance in the same manner and under the same conditions that apply, respectively, 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.
(l) A registered pharmacist pursuant to written guidelines and protocols developed pursuant to NRS 639.2629 or a collaborativecollaborativend practice agreement, as defined in NRS 639.0052.
or - 82nd Session (2023) – 20 – (b) A school of osteopathic medicine, as defined in NRS 633.121.
Except as otherwise provided in NRS 454.217 [,] and sections 10 to 39, inclusive, of this act, a drug or medicine referred to in NRS 454.181 to 454.371, inclusive, may be possessed and administered by:
(e) A medication aide - certified at a designated facility under the supervision of an advanced practice registered nurse or registered nurse and in accordance with standard protocols developed by thetheed State Board of Nursing.
As used in this paragraph, “designated - *SB239_R1* – 20 – facility” has the meaning ascribed to it in NRS 632.0145.
(f) Except as otherwise provided in paragraph (g), an advanced emergency medical technician or a paramedic, as authorized by regulationoftheStateBoardofPharmacyandinaccordancewithanyregulationofthe StateBoardofPharmacyandinaccordancewithany applicable regulations of:
(g)- An82nd advancedSession emergency(2023) medical– technician21 or– a paramedic who holds an endorsement issued pursuant to NRS 450B.1975, under the direct supervision of a local health officer or a designee of the local health officer pursuant to that section.
A medical student or student nurse may administer a dangerous drug in the presence or under the supervision of a registered nurse alone only if the circumstances are such that the registered nurse would be authorized to administer it personally.
- *SB239_R1* – 21 – (o) A physical therapist, but only if the drug or medicine is a topicaltopical(1) drugUsed whichfor is:cooling and stretching external tissue during therapeutic treatments;
(1) Used for cooling and stretching external tissue during therapeutic treatments;
(p) In accordance with applicable regulations of the State Board of Health, an employee of a residential facility for groups, as defined - 82nd Session (2023) – 22 – in NRS 449.017, pursuant to a written agreement entered into by the ultimate user.
(r)registered Inpharmacist accordancewho:applicable with applicable regulations of the Board, a registered(1) pharmacistIs who:trained in and certified to carry out standards and practices for immunization programs;
(1) Is trained in and certified to carry out standards and practices for immunization programs;
(t) A person who is enrolled in a training program to become a physician assistant licensed pursuant to chapter 630 or 633 of NRS, dental hygienist, advanced emergency medical technician, paramedic, respiratory therapist, dialysis technician, physical therapist or veterinary technician or to obtain a license to engage in radiation therapy and radiologic imaging pursuant to chapter 653 of NRS if the person possesses and administers the drug or medicine in the same manner and under the same conditions that apply, respectively, to a physician assistant licensed pursuant to chapter 630 or 633 of NRS, dental hygienist, advanced emergency medical technician, paramedic, respiratory therapist, dialysis technician, physical therapist, veterinary technician or person licensed to engage in radiation therapy and radiologic imaging who may possess and administer the drug or medicine, and under the direct supervision of a person licensed or registered to perform the respective medical art or a supervisor of such a person.
- *SB239_R1* – 22 – (1) Board of Medical Examiners, at the direction of the prescribing physician and under the supervision of a physician or physician assistant.
- 82nd Session (2023) – 23 – Sec.
A registered pharmacist upon the legal prescription from a practitioner or to a pharmacy in a correctional institution upon the written order of the prescribing practitioner in charge;charge;ion upon the 2.
2.
Sec.133.065 1.RS 133Except as otherwise provided in subsection 2 or to the extent that it violates public policy, a testator may:
44.
NRS 133.065 is hereby amended to read as follows:
133.065 1.
Except as otherwise provided in subsection 2 or to the extent that it violates public policy, a testator may:
- *SB239_R1* – 23 – 2.
- 82nd Session (2023) – 24 – Sec.
2.limited capacity and is in need of a special guardian, the court shall enter an order accordingly and specify the powers and duties of the special guardian.
If the court finds that the proposed protected person is of limited capacity and is in need of a special guardian, the court shall enter an order accordingly and specify the powers and duties of the special guardian.
Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 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, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 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, 130.312,130.312,, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 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, 209.3923, 209.3925, 209.419, 209.429, 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, 224.240, 226.300, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 232.1369, 233.190, 237.300, 239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 239B.050, 239C.140, - *SB239_R1* – 24 – 239C.210, 239C.230, 239C.250, 239C.270, 239C.420, 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, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195, 281.805, - 82nd Session (2023) – 25 – 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086, 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757,293.870,293.906,293.908,293.910,293B.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, 361.2242, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.0075, 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, 391.033, 391.035, 391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 414.280, 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.4018, 432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 439.4941, 439.4988, 439.840, 439.914, 439A.116, 439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 442.774, 445A.665, 445B.570, 445B.7773, 447.345, 449.209, 449.245, 449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 453.720, 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, 480.535, 480.545, 480.935, 480.940, 481.063, 481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 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, 598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.238, 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, 630.2671, 630.2672, 630.2673, 630.30665, 630.336, 630A.327, 630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 632.3423, 632.405, 633.283, 633.301, 633.4715, 633.4716, 633.4717, 633.524, 634.055, 634.1303, 634.214, - *SB239_R1* – 25 – 634A.169, 634A.185, 635.111, 635.158, 636.262, 636.342, 637.085, 637.145,637B.192,637B.288,638.087,638.089,639.183,639.2485, - 82nd Session (2023) – 26 – 639.570, 640.075, 640.152, 640A.185, 640A.220, 640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 641.221, 641.2215, 641.325, 641A.191, 641A.217, 641A.262, 641B.170, 641B.281,642.524,, 641B.282,6643.189, 641C.455,64644A.870,41C645.180, 641C.760,645.625,41D.3645A.050, 641D.260, 641D.320, 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, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 654.110, 656.105, 657A.510, 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, 678A.470, 678C.710, 678C.800, 679B.122, 679B.124, 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.060, 687A.115, 687B.404, 687C.010, 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.325, 706.1725, 706A.230, 710.159, 711.600, and section 33 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.
Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public.
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 can redact, delete, conceal or separate, including, without limitation, electronically, the confidential information from the information - *SB239_R1*82nd Session (2023) – 2627 – included in the public book or record that is not otherwise confidential.
If requested, a governmental entity shall provide a copy of a public record in an electronic format by means of an electronic medium.provide a copy of a public record in an electronic format or by means of an electronic medium if:
Nothing in this subsection requires a governmental entity to provide a copy of a public record in an electronic format or by means of an electronic medium if:
259.010district, 1.except a county where a coroner is appointed pursuant to the provisions of NRS 244.163.
Every county in this State constitutes a coroner’s district, except a county where a coroner is appointed pursuant to the provisions of NRS 244.163.
When a coroner or the coroner’s deputy is informed or otherwise discovers that a person has self-administered a - 82nd Session (2023) – 28 – medication designed to end his or her life pursuant to sections 10 to 39, inclusive, of this act, the coroner:
- *SB239_R1* – 27 – (a) May make an appropriate investigation to the extent necessary to determine that the cause of the terminal condition with whi(b) Must ceaseinvestigatingthedeathafter determiningthatthe terminal condition with which the person was diagnosed;diagnosed resulted from a natural cause.
and (b) Must ceaseinvestigatingthedeathafter determiningthatthe terminal condition with which the person was diagnosed resulted from a natural cause.
An inquest need not be conducted in any case of death manifestly occasioned by natural cause, suicide, accident, motor vehicle crash or when it is publicly known that the death was caused by a personpersonrash or already in custody, but an inquest must be held unless the district attorney or a district judge certifies that no inquest is required.
Except as otherwise provided in NRS 439.538 and 639.2357, and section 33 of this act, a pharmacist shall not divulge- the82nd contentsSession of(2023) any– 29 – prescription, except to:any prescription or provide a copy of any prescription,(a) exceptThe to:patient for whom the original prescription was issued;
(a) The patient for whom the original prescription was issued;
- *SB239_R1* – 28 – (c) A practitioner who is then treating the patient;
(i) Other registered pharmacists for the limited purpose of and to the extent necessary for the exchange of information relating tond to persons who are suspected of:
(1) Identifying a deceased person;
- 82nd Session (2023) – 30 – (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;
or (b) The deceased person whose cause of death is being determined.det3.minExcept 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 copy must bear the name or initials of the registered pharmacist who prepared the copy.
3.
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 - *SB239_R1* – 29 – 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 copy must bear the name or initials of the registered pharmacist who prepared the copy.
An insurer shall not 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 10 to 39, inclusive, of this act, requested a medication designed to end the life of the insured, revoked such a request or self-administered such a medication.
An insurer shall not 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 - 82nd Session (2023) – 31 – the insured has, in accordance with the provisions of sections 10 to 39, inclusive, of this act, requested a medication designed to end the life of the insured, revoked such a request or self-administered such a medication.
- *SB239_R1* – 30 – Sec.
688B.040 No policy of group life insurance shall be delivered in this State unless it contains in substance the provisions set forth in NRS 688B.040 to 688B.150, inclusive, and section 49 of this act, or in provisions which in the opinion of the Commissioner are more favorabletothepersons insured,orat least as favorabletothepersons insured and more favorable to the policyholder;
and other3. than the term plan, it shall contain a nonforfeiture provision or provisions which in the opinion of the Commissioner is or are equitable to the insured persons and to the policyholder;
If the group life insurance policy is on a plan of insurance other than the term plan, it shall contain a nonforfeiture provision or provisions which in the opinion of the Commissioner is or are equitable to the insured persons and to the policyholder;
H~~~~~ 23 - *SB239_R1*82nd Session (2023)
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View plain text versions (4)
- Enrolled As Enrolled Current pdf
- Reprint 1 View text pdf
- Reprint 2 View text pdf
- Introduced As Introduced pdf
Amendments
2 amendmentsClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Vetoed by the Governor. Returned to Senate with Governor's veto message. Made Special Order of Business for June 5, 2023, at 10:59 P.M.. No further consideration.
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Enrolled and delivered to Governor.
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Assembly Amendment No. 715 concurred in. To enrollment.
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In Senate.
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From printer. To reengrossment. Reengrossed. Second reprint. Read third time. Passed, as amended. Title approved. Preamble adopted. (Yeas: 23, Nays: 19.) To Senate.
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From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 715.) To printer.
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In Assembly. Read first time. Referred to Committee on Health and Human Services. To committee.
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Read third time. Passed, as amended. Title approved, as amended. Preamble adopted. (Yeas: 11, Nays: 10.) To Assembly.
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From printer. To engrossment. Engrossed. First reprint. Taken from General File. Placed on General File for next legislative day.
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From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 84.) To printer.
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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
- Edgar Flores · Primary
- Nicole J. Cannizzaro · Primary
- Selena Torres-Fossett · Primary
- Duy Nguyen · Primary
- Cecelia González · Primary
- Howard Watts · Primary
- Skip Daly · Cosponsor
- Fabian Doñate · Cosponsor
- Roberta Lange · Cosponsor
- Rochelle T. Nguyen · Cosponsor
- Melanie Scheible · Cosponsor
- Carter, Max E., II · Cosponsor
- Venicia Considine · Cosponsor
- David Orentlicher · Cosponsor
- Lesley Cohen · Cosponsor
- Shannon Bilbray-Axelrod · Cosponsor
- Michelle Gorelow · Primary
- Pat Spearman · Primary
- Dallas Harris · Primary
Sponsorship breakdown
Export CSV (upgrade) →9 sponsors · 10 co-sponsors · 48 not signed on
Sponsors (9)
- Flores, Edgar Democratic
- Cannizzaro, Nicole J. Democratic
- Torres-Fossett, Selena Democratic
- Nguyen, Duy Democratic
- González, Cecelia Democratic
- Watts, Howard Democratic
- Gorelow, Michelle
- Pat Spearman
- Harris, Dallas
Co-sponsors (10)
- Daly, Skip Democratic
- Doñate, Fabian Democratic
- Lange, Roberta Democratic
- Nguyen, Rochelle T. Democratic
- Scheible, Melanie Democratic
- Carter, Max E., II Democratic
- Considine, Venicia Democratic
- Orentlicher, David Democratic
- Cohen, Lesley
- Shannon Bilbray-Axelrod
Not signed on (48)
48 members have not signed on to this bill.
Show all 48 →"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
- Who sponsors SB 239?
- SB 239 is sponsored by Flores, Edgar (Democratic), Cannizzaro, Nicole J. (Democratic), Torres-Fossett, Selena (Democratic), Nguyen, Duy (Democratic), González, Cecelia (Democratic), Watts, Howard (Democratic), Daly, Skip (Democratic), Doñate, Fabian (Democratic), Lange, Roberta (Democratic), Nguyen, Rochelle T. (Democratic), Scheible, Melanie (Democratic), Carter, Max E., II (Democratic), Considine, Venicia (Democratic), Orentlicher, David (Democratic), Cohen, Lesley, Shannon Bilbray-Axelrod, Gorelow, Michelle, Pat Spearman, and Harris, Dallas.
- What is the current status of SB 239?
- This bill died with 2023 Regular Session. It reached “To Executive” 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 239?
- Track SB 239 free on One Click Politics — get push/email alerts when it moves.
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