Personal assistant authorized to perform certain services for person with physical disability if approved by provider of health care; requirements.
1. Except as otherwise provided in subsection 4, a provider of health care may authorize a person to act as a personal assistant to perform specific medical, nursing or home health care services for a person with a physical disability without obtaining any license required for a provider of health care or his assistant to perform the service if:
(a) The services to be performed are services that a person without a physical disability usually and customarily would personally perform without the assistance of a provider of health care;
(b) The provider of health care determines that the personal assistant has the knowledge, skill and ability to perform the services competently;
(c) The provider of health care determines that the procedures involved in providing the services are simple and the performance of such procedures by the personal assistant does not pose a substantial risk to the person with a physical disability;
(d) The provider of health care determines that the condition of the person with a physical disability is stable and predictable; and
(e) The personal assistant agrees with the provider of health care to refer the person with a physical disability to the provider of health care if:
(1) The condition of the person with a physical disability changes or a new medical condition develops;
(2) The progress or condition of the person with a physical disability after the provision of the service is different than expected;
(3) An emergency situation develops; or
(4) Any other situation described by the provider of health care develops.
2. A provider of health care that authorizes a personal assistant to perform certain services shall note in the medical records of the person with a physical disability who receives such services:
(a) The specific services that he has authorized the personal assistant to perform; and
(b) That the requirements of this section have been satisfied.
3. After a provider of health care has authorized a personal assistant to perform specific services for a person with a physical disability, no further authorization or supervision by the provider is required for the continued provision of those services.
4. A personal assistant shall not:
(a) Perform services pursuant to this section for a person with a physical disability who resides in a medical facility.
(b) Perform any medical, nursing or home health care service for a person with a physical disability which is not specifically authorized by a provider of health care pursuant to subsection 1.
5. A provider of health care who determines in good faith that a personal assistant has complied with and meets the requirements of this section is not liable for civil damages as a result of any act or omission, not amounting to gross negligence, committed by him in making such a determination and is not liable for any act or omission of the personal assistant.
6. As used in this section:
(a) “Personal assistant” means a person who, under the direction of a person with a physical disability and for compensation, performs services for the person with a physical disability to help him maintain his independence, personal hygiene and safety.
(b) “Provider of health care” means a physician licensed pursuant to chapter 630, 630A or 633 of NRS, a dentist, a registered nurse, a licensed practical nurse, a physical therapist or an occupational therapist.
Last modified: February 27, 2006