Amendment No. 321

 

Senate Amendment to Senate Bill No. 386                                                                         (BDR 40‑957)

Proposed by: Committee on Human Resources and Facilities

Amendment Box:

Resolves Conflicts with: N/A

Amends:         Summary:               Title:              Preamble:               Joint Sponsorship:

 

ASSEMBLY ACTION              Initial and Date              |SENATE ACTION                        Initial and Date

       Adopted       Lost                                               |          Adopted       Lost                                           

Concurred In                     Not                                                        |Concurred In  Not                                       

       Receded        Not                                               |         Receded        Not                                           

 

     Amend the bill as a whole by deleting sections 1 through 3, renumbering sections 4 through 8 as sections 3 through 7 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:

     “Section 1. Chapter 449 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  If, as a result of the incapacitation of the patient or his inability to communicate, a patient of a medical facility, facility for the dependent or home for individual residential care who is 18 years of age or older is unable to inform the staff of the facility or home of the persons whom the patient authorizes to visit the patient at the facility or home, the facility or home shall allow visitation rights in accordance with the visitation policies of the facility or home to any person designated by the patient in an affidavit executed in accordance with subsection 2.

     2.  A person 18 years of age or older wishing to designate a person for the purposes of establishing visitation rights in a medical facility, facility for the dependent or home for individual residential care may execute an affidavit before a notary public in substantially the following form:

State of Nevada                }

                                          }ss.

County of......................... }

                                                                                                            (Date).......................................

     I, ..............................., (patient who is designating another person as having visitation rights of the patient) do hereby designate .................................. (person who is being designated as having visitation rights of the patient) as having the right to visit me in a medical facility, facility for the dependent or home for individual residential care. I hereby instruct all staff of a medical facility, facility for the dependent or home for individual residential care in which I am a patient to admit ......................................(person who is being designated as having visitation rights of the patient) to my room and afford him or her the same visitation rights as are provided to members of my family who are legally related to me during my time as a patient.

Subscribed and sworn to before me this ........

day of the month of ......... of the year.......

..................................................................................

                          (Notary Public)

     Sec. 2.  NRS 449.730 is hereby amended to read as follows:

     449.730  1.  Every medical facility, facility for the dependent and home for individual residential care shall inform each patient or his legal representative, upon his admission to the facility or home, of the patient’s rights as listed in NRS 449.700, 449.710 and 449.720 [.] , and section 1 of this act.

     2.  In addition to the requirements of subsection 1, if a person with a disability is a patient at a facility, as that term is defined in NRS 449.771, the facility shall inform the patient of his rights pursuant to NRS 449.765 to 449.786, inclusive.”.

     Amend sec. 4, page 2, line 31, after “A person” by inserting:

18 years of age or older”.

     Amend sec. 5, page 3, line 6, by deleting “4” and inserting “3”.

     Amend sec. 6, page 3, by deleting lines 16 through 32 and inserting:

     (a) A person designated as the person with authority to make an anatomical gift of all or part of the body of the decedent in a legally valid document or in an affidavit executed in accordance with subsection 6;

     (b) The spouse of the decedent;

     [(b)] (c) An adult son or daughter of the decedent;

     [(c)] (d) Either parent of the decedent;

     [(d)] (e) An adult brother or sister of the decedent;

     [(e)] (f) A grandparent of the decedent; and

     [(f)] (g) A guardian of the person of the decedent at the time of death.”.

     Amend sec. 6, page 4, line 14, after “A person” by inserting:

18 years of age or older”.

     Amend sec. 7, pages 4 and 5, by deleting lines 40 through 45 on page 4 and lines 1 through 8 on page 5 and inserting:

     “(a) [The surviving spouse;

     (b) A majority of the adult children;

     (c) The living parents jointly; or

     (d) The decedent’s guardian or personal representative.] A person designated as the person with authority to order the cremation of the human remains of the decedent in a legally valid document or in an affidavit executed in accordance with subsection 5;

     (b) The spouse of the decedent;

     (c) An adult son or daughter of the decedent;

     (d) Either parent of the decedent;

     (e) An adult brother or sister of the decedent;

     (f) A grandparent of the decedent; and

     (g) A guardian of the person of the decedent at the time of death.”.

     Amend sec. 7, page 5, line 22, after “A person” by inserting:

18 years of age or older”.

     Amend the title of the bill, first line, by deleting “health care;” and inserting “public health;”.