Monday, May 29, 2017

Dore Letter to Nevada Committee: Bill Protections Are Unenforceable

"[T]his situation renders all
 bill protections ('safeguards')
To view the full letter, click here and here

SB 261 sets forth patient protections in sections 3 through 26.[1] The bill also repeatedly says that actions are to be done in “accordance” with sections 3 through 26.[2]  . . .

The bill does not define “accordance.” [4] Dictionary definitions include “in the spirit of,” meaning in thought or intention.[5] In other words, a mere thought to comply with patient protections is good enough. Actual compliance is not required.

More to the point, this situation renders all bill protections (“safeguards”) unenforceable. For this reason alone, the bill must be rejected.

Margaret K. Dore, Esq.


[1]  SB 261 (First reprint), § 10.5.4, attached in the appendix at page A-1.
[2]  Id., §§ 1.3, 22.1, 23.2, 29.2, 30.4, 36, and 37 (all use in “accordance”), attached in the appendix at pages A-3 to A-8
[4]  Id. (in its entirety)
[5]  See “accordance” definition and “in the spirit” definition attached in the appendix at pages A-9 & A-10