Epilepsy

A physician or an advanced practice registered nurse (APRN)

NRS 483.575  Driving if epilepsy severely impairs ability to safely operate motor vehicle; duties of physician or advanced practice registered nurse.

      1.  A person with epilepsy shall not operate a motor vehicle if that person has been informed by a physician or an advanced practice registered nurse pursuant to NRS 629.047 that his or her condition would severely impair his or her ability to safely operate a motor vehicle.

      2.  If a physician or an advanced practice registered nurse is aware that a person has violated subsection 1 after the physician or advanced practice registered nurse has informed the person pursuant to NRS 629.047 that the person’s condition would severely impair his or her ability to safely operate a motor vehicle, the physician or advanced practice registered nurse may, without the consent of the person, submit a written report to the Department that includes the name, address and age of the person. A report received by the Department pursuant to this subsection:

      (a) Is confidential, except that the contents of the report may be disclosed to the person about whom the report is made; and

      (b) May be used by the Department solely to determine the eligibility of the person to operate a vehicle on the streets and highways of this State.

      3.  The submission by a physician or an advanced practice registered nurse of a report pursuant to subsection 2 is solely within his or her discretion. No cause of action may be brought against a physician or an advanced practice registered nurse based on the fact that he or she did not submit such a report.

      4.  No cause of action may be brought against a physician or an advanced practice registered nurse based on the fact that he or she submitted a report pursuant to subsection 2 unless the physician or advanced practice registered nurse acted with malice, intentional misconduct, gross negligence or intentional or knowing violation of the law.

      (Added to NRS by 2015, 1460; A 2019, 499)

NRS 629.047  Physician or advanced practice registered nurse to report certain persons diagnosed with epilepsy; use and confidentiality of statement; liability.

      1.  If a physician or an advanced practice registered nurse determines that, in his or her professional judgment, a patient’s epilepsy severely impairs the ability of the patient to safely operate a motor vehicle, the physician or advanced practice registered nurse shall:

      (a) Adequately inform the patient of the dangers of operating a motor vehicle with his or her condition until such time as the physician or advanced practice registered nurse or another physician or advanced practice registered nurse informs the patient that the patient’s condition does not severely impair the ability of the patient to safely operate a motor vehicle.

      (b) Sign a written statement verifying that the physician or advanced practice registered nurse informed the patient of all material facts and information required by paragraph (a). The physician or advanced practice registered nurse shall, to the extent practicable, provide a copy of the statement signed by the physician or advanced practice registered nurse to the patient. The statement signed by the physician or advanced practice registered nurse pursuant to this paragraph shall be deemed a health care record.

      (c) Within 15 days after making such a determination, provide to the Department a copy of the statement signed by the physician or advanced practice registered nurse pursuant to paragraph (b). A statement received by the Department pursuant to this paragraph:

             (1) Is confidential, except that the contents of the statement may be disclosed to the patient; and

             (2) May be used by the Department solely to determine the eligibility of the patient to operate a vehicle on the streets and highways of this State.

      2.  Except as otherwise provided in subsection 1, a physician or an advanced practice registered nurse is not required to notify the Department about a patient who has been diagnosed with epilepsy. No cause of action may be brought against a physician or an advanced practice registered nurse based on the fact that he or she did not notify the Department about a patient who has been diagnosed with epilepsy unless the physician or advanced practice registered nurse does not comply with the requirements set forth in subsection 1.

      3.  No cause of action may be brought against a physician or an advanced practice registered nurse based on the fact that he or she provided a copy of a statement pursuant to subsection 1 unless the physician or advanced practice registered nurse acted with malice, intentional misconduct, gross negligence or intentional or knowing violation of the law.

      4.  As used in this section:

      (a) “Department” means the Department of Motor Vehicles.

      (b) “Patient” means a person who consults or is examined or interviewed by a physician or an advanced practice registered nurse for the purposes of diagnosis or treatment.

      [1:269:1953] + [2:269:1953] + [3:269:1953] + [4:269:1953] + [5:269:1953] — (NRS A 1957, 630; 1963, 941; 1985, 1990; 2001, 2615; 2007, 2107; 2015, 1457; 2019, 528) — (Substituted in revision for NRS 439.270)