EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

1-1 Section 1. Chapter 200 of NRS is hereby amended by adding thereto

1-2 a new section to read as follows:

1-3 For the purposes of NRS 200.5091 to 200.50995, inclusive, a person:

1-4 1. Has "reasonable cause to believe" if, in light of all the

1-5 surrounding facts and circumstances which are known or which

1-6 reasonably should be known to the person at the time, a reasonable

1-7 person would believe, under those facts and circumstances, that an act,

1-8 transaction, event, situation or condition exists, is occurring or has

1-9 occurred.

2-1 2. Acts "as soon as reasonably practicable" if, in light of all the

2-2 surrounding facts and circumstances which are known or which

2-3 reasonably should be known to the person at the time, a reasonable

2-4 person would act within approximately the same period under those facts

2-5 and circumstances.

2-6 Sec. 2. NRS 200.5092 is hereby amended to read as follows:

2-7 200.5092 As used in NRS 200.5091 to 200.50995, inclusive, and

2-43 5. "Older person" means a person who is 60 years of age or older.

3-1 6. "Protective services" means services the purpose of which is to

3-2 prevent and remedy the abuse, neglect, exploitation and isolation of older

3-3 persons. The services may include investigation, evaluation, counseling,

3-4 arrangement and referral for other services and assistance.

3-5 Sec. 3. NRS 200.5093 is hereby amended to read as follows:

3-6 200.5093 1. [A person required to make a report pursuant to this

3-10 (a)] Any person who is described in subsection 4 and who, in his

3-11 professional or occupational capacity, knows or has reasonable cause to

3-12 believe that an older person has been abused, neglected, exploited or

3-13 isolated shall:

3-14 (a) Except as otherwise provided in subsection 2, report the abuse,

3-15 neglect, exploitation or isolation of the older person to:

3-16 (1) The local office of the welfare or aging services division of the

3-17 department of human resources;

3-18 [(b)] (2) A police department or sheriff’s office;

3-19 [(c)] (3) The county’s office for protective services, if one exists in the

3-20 county where the suspected action occurred; or

3-21 [(d)] (4) A toll-free telephone service designated by the aging services

3-22 division of the department of human resources [.

3-23 If the report of] ; and

3-24 (b) Make such a report as soon as reasonably practicable but not later

3-25 than 24 hours after the person knows or has reasonable cause to believe

3-26 that the older person has been abused, neglected, exploited or isolated.

3-27 2. If a person who is required to make a report pursuant to

3-28 subsection 1 knows or has reasonable cause to believe that the abuse,

3-29 neglect, exploitation or isolation of [an] the older person involves an act or

3-30 omission of the welfare division, aging services division or a law

3-31 enforcement agency, the person shall make the report [must be made] to

3-32 an agency other than the one alleged to have committed the act or

3-33 omission.

3-34 3. Each agency, after reducing [the] a report to writing, shall forward a

3-35 copy of the report to the aging services division of the department of

3-36 human resources.

3-37 [2. Reports]

3-38 4. A report must be made pursuant to subsection 1 by the following

3-39 persons : [who, in their professional or occupational capacities, know or

3-40 have reason to believe that an older person is being or has been abused,

3-41 neglected, exploited or isolated:]

3-42 (a) Every physician, dentist, dental hygienist, chiropractor, optometrist,

3-43 podiatric physician, medical examiner, resident, intern, professional or

4-1 practical nurse, physician’s assistant, psychiatrist, psychologist, marriage

4-2 and family therapist, alcohol or drug abuse counselor, driver of an

4-3 ambulance, advanced emergency medical technician or other person

4-4 providing medical services licensed or certified to practice in this state,

4-5 who examines, attends or treats an older person who appears to have been

4-6 abused, neglected, exploited or isolated.

4-7 (b) Any personnel of a hospital or similar institution engaged in the

4-8 admission, examination, care or treatment of persons or an administrator,

4-9 manager or other person in charge of a hospital or similar institution upon

4-10 notification of the suspected abuse, neglect, exploitation or isolation of an

4-11 older person by a member of the staff of the hospital.

4-12 (c) A coroner.

4-13 (d) Every clergyman, practitioner of Christian Science or religious

4-14 healer, unless he acquired the knowledge of abuse, neglect, exploitation or

4-15 isolation of the older person from the offender during a confession.

4-16 (e) Every person who maintains or is employed by an agency to provide

4-17 nursing in the home.

4-18 (f) Every attorney, unless he has acquired the knowledge of abuse,

4-19 neglect, exploitation or isolation of the older person from a client who has

4-20 been or may be accused of such abuse, neglect, exploitation or isolation.

4-21 (g) Any employee of the department of human resources.

4-22 (h) Any employee of a law enforcement agency or a county’s office for

4-23 protective services or an adult or juvenile probation officer.

4-24 (i) Any person who maintains or is employed by a facility or

4-25 establishment that provides care for older persons.

4-26 (j) Any person who maintains, is employed by or serves as a volunteer

4-27 for an agency or service which advises persons regarding the abuse,

4-28 neglect, exploitation or isolation of an older person and refers them to

4-29 persons and agencies where their requests and needs can be met.

4-30 (k) Every social worker.

4-31 (l) Any person who owns or is employed by a funeral home or

4-32 mortuary.

4-33 [3.] 5. A report may be [filed] made by any other person.

4-34 [4. A]

4-35 6. If a person who is required to make a report pursuant to [this

4-36 section who] subsection 1 knows or has reasonable cause to believe that an

4-37 older person has died as a result of abuse, neglect or isolation , the person

4-38 shall , as soon as reasonably practicable, report this belief to the

4-39 appropriate medical examiner or coroner, who shall investigate the cause

4-40 of death of the older person and submit to the appropriate local law

4-41 enforcement agencies, the appropriate prosecuting attorney and the aging

4-42 services division of the department of human resources his written

5-1 findings. The written findings must include the information required

5-2 pursuant to the provisions of NRS 200.5094, when possible.

5-3 [5.] 7. A division, office or department which receives a report

5-4 pursuant to this section shall cause the investigation of the report to

5-5 commence within 3 working days. A copy of the final report of the

5-6 investigation conducted by a division, office or department, other than the

5-7 aging services division of the department of human resources, must be

5-8 forwarded to the aging services division within 90 days after the

5-9 completion of the report.

5-10 [6.] 8. If the investigation of [the] a report results in the belief that

5-11 [the] an older person is abused, neglected, exploited or isolated, the

5-12 welfare division of the department of human resources or the county’s

5-13 office for protective services may provide protective services to the older

5-14 person if he is able and willing to accept them.

5-15 [7.] 9. A person who knowingly and willfully violates any of the

5-16 provisions of this section is guilty of a misdemeanor.

5-17 Sec. 4. NRS 200.5094 is hereby amended to read as follows:

5-18 200.5094 1. [The report required] A person may make a report

5-38 abused, neglected, exploited or isolated.

5-39 Sec. 5. NRS 200.50984 is hereby amended to read as follows:

5-40 200.50984 1. Notwithstanding any other statute to the contrary, the

5-43 where a violation is alleged to have occurred, may for the purpose of

6-1 investigating an alleged violation of NRS 200.5091 to 200.50995,

6-2 inclusive, and section 1 of this act inspect all records pertaining to the

6-3 older person on whose behalf the investigation is being conducted,

6-4 including, but not limited to, that person’s medical and financial records.

6-5 2. Except as otherwise provided in this subsection, if a guardian has

6-6 not been appointed for the older person, the welfare division or the

6-7 county’s office for protective services shall obtain the consent of the older

6-8 person before inspecting those records. If the welfare division or the

6-9 county’s office for protective services determines that the older person is

6-10 unable to consent to the inspection, the inspection may be conducted

6-11 without his consent. Except as otherwise provided in this subsection, if a

6-12 guardian has been appointed for the older person, the welfare division or

6-13 the county’s office for protective services shall obtain the consent of the

6-14 guardian before inspecting those records. If the welfare division or the

6-15 county’s office for protective services has [reason] reasonable cause to

6-16 believe that the guardian is abusing, neglecting, exploiting or isolating the

6-17 older person, the inspection may be conducted without the consent of the

6-18 guardian, except that if the records to be inspected are in the personal

6-19 possession of the guardian, the inspection must be approved by a court of

6-20 competent jurisdiction.

6-21 Sec. 6. NRS 200.50986 is hereby amended to read as follows:

6-22 200.50986 The local office of the welfare division or the county’s

6-29 NRS 200.5095 to 200.50995, inclusive [.] , and section 1 of this act.

6-30 Sec. 7. Chapter 202 of NRS is hereby amended by adding thereto the

6-31 provisions set forth as sections 8 to 20, inclusive, of this act.

6-32 Sec. 8. As used in sections 8 to 20, inclusive, of this act, unless the

6-33 context otherwise requires, the words and terms defined in sections 9 to

6-34 12, inclusive, of this act have the meanings ascribed to them in those

6-35 sections.

6-36 Sec. 9. "Emergency response agency" means:

6-37 1. Any public or private organization that is established and

6-38 maintained to:

6-39 (a) Respond rapidly to a hazard; and

6-40 (b) Provide emergency medical care, fire fighting services, rescue

6-41 services or any other emergency services that are intended to protect or

6-42 rescue persons from a hazard; and

7-1 2. Any officer or employee who is acting in his professional or

7-2 occupational capacity for such an organization.

7-3 Sec. 10. 1. Except as otherwise provided in subsection 3, "hazard"

7-4 means any natural or man-made act, transaction, event, situation or

7-5 condition that causes an imminent danger of, is causing or has caused

7-6 substantial bodily harm to a person, whether or not the act, transaction,

7-7 event, situation or condition is accidental or intentional.

7-8 2. The term includes, without limitation, any of the following acts,

7-9 transactions, events, situations or conditions if it causes an imminent

7-10 danger of, is causing or has caused substantial bodily harm to a person,

7-11 whether or not the act, transaction, event, situation or condition is

7-12 accidental or intentional:

7-13 (a) A fire, flood, tidal wave, tornado, hurricane, blizzard, snowstorm,

7-14 ice storm, thunderstorm, windstorm, lightning strike, earthquake,

7-15 avalanche, landslide, cave-in, volcanic eruption or lava flow;

7-16 (b) Any periods of extreme heat or cold;

7-17 (c) The presence, discharge, release or spillage of a hazardous

7-18 material, toxic substance or dangerous gas;

7-19 (d) The presence of an exposed and unprotected electrical current;

7-20 (e) An explosion or implosion;

7-21 (f) The collapse of a building or any other structure;

7-22 (g) A collision, crash or wreck involving any means of transportation;

7-23 and

7-24 (h) Accidents or intentional acts occurring in public, at a residence, at

7-25 a place of business or employment, or during any leisure or sporting

7-26 activity.

7-27 3. The term does not include a violent criminal offense.

7-28 Sec. 11. 1. Except as otherwise provided in subsection 2, "law

7-29 enforcement agency" means any law enforcement agency within this

7-30 state and any peace officer or employee who is acting in his professional

7-31 or occupational capacity for such an agency.

7-32 2. The term does not include the office of the attorney general or the

7-33 office of a district attorney within this state or any attorney, investigator,

7-34 special investigator or employee who is acting in his professional or

7-35 occupational capacity for such an office, unless a person is reporting the

7-36 commission of a violent criminal offense pursuant to section 16 of this

7-37 act.

7-38 Sec. 12. "Violent criminal offense" means any act that:

7-39 1. Would be a criminal offense if prosecuted in this state, whether or

7-40 not the person who committed the act is or has been prosecuted or

7-41 convicted in this state for the criminal offense; and

7-42 2. Causes an imminent danger of, is causing or has caused

7-43 substantial bodily harm to another person.

8-1 Sec. 13. For the purposes of sections 8 to 20, inclusive, of this act, a

8-2 person:

8-3 1. Has "reasonable cause to believe" if, in light of all the

8-4 surrounding facts and circumstances which are known or which

8-5 reasonably should be known to the person at the time, a reasonable

8-6 person would believe, under those facts and circumstances, that an act,

8-7 transaction, event, situation or condition exists, is occurring or has

8-8 occurred.

8-9 2. Acts "as soon as reasonably practicable" if, in light of all the

8-10 surrounding facts and circumstances which are known or which

8-11 reasonably should be known to the person at the time, a reasonable

8-12 person would act within approximately the same period under those facts

8-13 and circumstances.

8-14 3. May make a report, warn another person or summon a law

8-15 enforcement agency or an emergency response agency by telephone or,

8-16 in light of all the surrounding facts and circumstances which are known

8-17 or which reasonably should be known to the person at the time, by any

8-18 other means of oral, written or electronic communication that a

8-19 reasonable person would believe, under those facts and circumstances, is

8-20 a reliable and swift means of communicating information to the person

8-21 who receives the information.

8-22 Sec. 14. 1. Except as otherwise provided in this section:

8-23 (a) If a person knows or has reasonable cause to believe that a hazard

8-24 exists, is occurring or has occurred, whether or not the person is present

8-25 at or near the scene of the hazard, the person shall report the hazard to a

8-26 law enforcement agency or an emergency response agency as soon as

8-27 reasonably practicable, unless the person knows or has reasonable cause

8-28 to believe that a law enforcement agency or an emergency response

8-29 agency already knows of the hazard or that another person already has

8-30 reported the hazard to such an agency; and

8-31 (b) If the person is present at or near the scene of the hazard and the

8-32 person knows or has reasonable cause to believe that another person:

8-33 (1) Is in imminent danger of suffering substantial bodily harm as a

8-34 result of the hazard, the person shall warn the other person of the hazard

8-35 as soon as reasonably practicable, unless the person knows or has

8-36 reasonable cause to believe that the other person already knows of the

8-37 hazard or has been warned of the hazard; or

8-38 (2) Has suffered substantial bodily harm as a result of the hazard

8-39 and is likely to suffer additional bodily harm or die if reasonable aid or

8-40 assistance is not provided to him, the person shall provide reasonable aid

8-41 or assistance to the other person as soon as reasonably practicable,

8-42 unless the person knows or has reasonable cause to believe that another

8-43 person is providing such aid or assistance.

9-1 2. For the purposes of this section:

9-2 (a) A person provides "reasonable aid or assistance" to another

9-3 person if, in light of all the surrounding facts and circumstances which

9-4 are known or which reasonably should be known to the person at the

9-5 time and in light of the knowledge and abilities of the person, a

9-6 reasonable person with the same or similar knowledge and abilities

9-7 would provide the same or similar aid or assistance to the other person

9-8 under those facts and circumstances.

9-9 (b) "Reasonable aid or assistance":

9-10 (1) Must include summoning a law enforcement agency or an

9-11 emergency response agency as soon as reasonably practicable, unless the

9-12 person who is required to provide reasonable aid or assistance knows or

9-13 has reasonable cause to believe that a law enforcement agency or an

9-14 emergency response agency already knows of the situation or that

9-15 another person already has summoned such an agency; and

9-16 (2) May be limited to summoning a law enforcement agency or an

9-17 emergency response agency as soon as reasonably practicable, depending

9-18 upon all the surrounding facts and circumstances which are known or

9-19 which reasonably should be known to the person at the time and

9-20 depending upon the knowledge and abilities of the person.

9-21 3. A person who knowingly and willfully violates any of the

9-22 provisions of this section is guilty of:

9-23 (a) A gross misdemeanor, if another person dies as a result of the

9-24 violation; or

9-25 (b) A misdemeanor, if the provisions of paragraph (a) do not

9-26 otherwise apply.

9-27 4. The provisions of this section do not apply to a person if:

9-28 (a) The person has suffered substantial bodily harm as a result of the

9-29 hazard;

9-30 (b) The person suffers from any other mental or physical impairment

9-31 or disability that, in light of all the surrounding facts and circumstances,

9-32 makes it impracticable for the person to comply with the provisions of

9-33 this section;

9-34 (c) The person knows or has reasonable cause to believe that

9-35 complying with the provisions of this section would place him or another

9-36 person in imminent danger of suffering substantial bodily harm; or

9-37 (d) In light of the nature of the hazard and all the other surrounding

9-38 facts and circumstances which are known or which reasonably should be

9-39 known to the person at the time, it would not be possible for a reasonable

9-40 person, under those facts and circumstances, to comply with the

9-41 provisions of this section.

10-1 Sec. 15. 1. If a person, in good faith, reports a hazard to a law

10-2 enforcement agency or an emergency response agency or warns another

10-3 person of a hazard, whether or not the person is required to take such

10-4 action pursuant to section 14 of this act, the person is immune from civil

10-5 or criminal liability for any act or omission related to that report or

10-6 warning.

10-7 2. For the purposes of this section, if a person reports a hazard to a

10-8 law enforcement agency or an emergency response agency or warns

10-9 another person of a hazard, whether or not the person is required to take

10-10 such action pursuant to section 14 of this act, the person is presumed to

10-11 have taken the action in good faith unless the person is being prosecuted

10-12 for a criminal violation, including, without limitation, a violation of the

10-13 provisions of NRS 207.161 to 207.167, inclusive, or 207.245.

10-14 Sec. 16. 1. Except as otherwise provided in this section, if a person

10-15 knows or has reasonable cause to believe that another person has

10-16 committed a violent criminal offense, the person shall:

10-17 (a) Report the commission of the violent criminal offense to a law

10-18 enforcement agency; and

10-19 (b) Make such a report as soon as reasonably practicable but not later

10-20 than 24 hours after the person knows or has reasonable cause to believe

10-21 that the other person has committed the violent criminal offense.

10-22 2. If a person who is required to make a report pursuant to

10-23 subsection 1 knows or has reasonable cause to believe that the person

10-24 who committed the violent criminal offense is a peace officer or employee

10-25 of a law enforcement agency, the person shall report the commission of

10-26 the violent criminal offense to a law enforcement agency other than the

10-27 one that employs the person who committed the violent criminal offense.

10-28 3. A person who knowingly and willfully violates any of the

10-29 provisions of this section is guilty of:

10-30 (a) A gross misdemeanor, if another person dies as a result of the

10-31 violation; or

10-32 (b) A misdemeanor, if the provisions of paragraph (a) do not

10-33 otherwise apply.

10-34 4. A person may be prosecuted and convicted pursuant to this section

10-35 whether or not the person who committed the violent criminal offense is

10-36 or has been prosecuted or convicted in this state for:

10-37 (a) The violent criminal offense; or

10-38 (b) Any other offense arising out of the same facts as the violent

10-39 criminal offense.

10-40 5. Except as otherwise provided by the Constitution of the United

10-41 States or the constitution of this state and except as otherwise provided in

10-42 this section:

11-1 (a) A person who knows or has reasonable cause to believe that

11-2 another person has committed a violent criminal offense shall make a

11-3 report to a law enforcement agency pursuant to this section whether or

11-4 not the person acquired any or all of his knowledge of the commission of

11-5 the violent criminal offense during a communication or proceeding that

11-6 is protected by a privilege set forth in chapter 49 of NRS;

11-7 (b) A privilege set forth in chapter 49 of NRS may not be invoked by a

11-8 person as a defense to prosecution and conviction pursuant to this

11-9 section; and

11-10 (c) Evidence may not be excluded in a prosecution pursuant to this

11-11 section on the ground that the evidence would otherwise be privileged

11-12 against disclosure pursuant to chapter 49 of NRS.

11-13 6. The provisions of this section do not apply to a person if the

11-14 person:

11-15 (a) Is, by blood or marriage, the spouse, brother, sister, parent,

11-16 grandparent, child or grandchild of:

11-17 (1) The person who is the victim of the violent criminal offense; or

11-18 (2) The person who committed the violent criminal offense;

11-19 (b) Suffers from a mental or physical impairment or disability that, in

11-20 light of all the surrounding facts and circumstances, would make it

11-21 impracticable for the person to comply with the provisions of this section;

11-22 (c) Knows or has reasonable cause to believe that the violent criminal

11-23 offense would constitute abuse, neglect, exploitation or isolation of an

11-24 older person, as defined in NRS 200.5092, and the person reports the

11-25 abuse, neglect, exploitation or isolation of the older person pursuant to

11-26 NRS 200.5093;

11-27 (d) Knows or has reasonable cause to believe that the violent criminal

11-28 offense would constitute abuse or neglect of a child, as defined in NRS

11-29 432B.020, and the person reports the abuse or neglect of the child

11-30 pursuant to NRS 432B.220;

11-31 (e) Knows or has reasonable cause to believe that reporting the violent

11-32 criminal offense to a law enforcement agency would place the person or

11-33 any other person who is related to him by blood or marriage or who

11-34 resides in the same household as him, whether or not the other person is

11-35 related to him by blood or marriage, in imminent danger of suffering

11-36 substantial bodily harm; or

11-37 (f) Is a clergyman, practitioner of Christian Science or religious

11-38 healer and the person acquired his knowledge of the commission of the

11-39 violent criminal offense during a confession made to him in his

11-40 professional capacity by the person who committed the violent criminal

11-41 offense.

12-1 Sec. 17. 1. Whether or not a person is required to make a report

12-2 pursuant to section 16 of this act and except as otherwise provided in this

12-3 section, if a person is present at or near the scene of a violent criminal

12-4 offense and the person knows or has reasonable cause to believe that

12-5 another person has suffered substantial bodily harm as a result of the

12-6 violent criminal offense and is likely to suffer additional bodily harm or

12-7 die if reasonable aid or assistance is not provided to him, the person shall

12-8 provide reasonable aid or assistance to the other person as soon as

12-9 reasonably practicable, unless the person knows or has reasonable cause

12-10 to believe that another person is providing such aid or assistance.

12-11 2. For the purposes of this section:

12-12 (a) A person provides "reasonable aid or assistance" to another

12-13 person if, in light of all the surrounding facts and circumstances which

12-14 are known or which reasonably should be known to the person at the

12-15 time and in light of the knowledge and abilities of the person, a

12-16 reasonable person with the same or similar knowledge and abilities

12-17 would provide the same or similar aid or assistance to the other person

12-18 under those facts and circumstances.

12-19 (b) "Reasonable aid or assistance":

12-20 (1) Must include summoning a law enforcement agency or an

12-21 emergency response agency as soon as reasonably practicable, unless the

12-22 person who is required to provide reasonable aid or assistance knows or

12-23 has reasonable cause to believe that a law enforcement agency or an

12-24 emergency response agency already knows of the situation or that

12-25 another person already has summoned such an agency; and

12-26 (2) May be limited to summoning a law enforcement agency or an

12-27 emergency response agency as soon as reasonably practicable, depending

12-28 upon all the surrounding facts and circumstances which are known or

12-29 which reasonably should be known to the person at the time and

12-30 depending upon the knowledge and abilities of the person.

12-31 3. A person who knowingly and willfully violates any of the

12-32 provisions of this section is guilty of:

12-33 (a) A gross misdemeanor, if another person dies as a result of the

12-34 violation; or

12-35 (b) A misdemeanor, if the provisions of paragraph (a) do not

12-36 otherwise apply.

12-37 4. The provisions of this section do not apply to a person if:

12-38 (a) The person has suffered substantial bodily harm as a result of the

12-39 violent criminal offense;

12-40 (b) The person suffers from any other mental or physical impairment

12-41 or disability that, in light of all the surrounding facts and circumstances,

12-42 makes it impracticable for the person to comply with the provisions of

12-43 this section;

13-1 (c) The person knows or has reasonable cause to believe that

13-2 complying with the provisions of this section would place him or another

13-3 person in imminent danger of suffering substantial bodily harm; or

13-4 (d) In light of the nature of the violent criminal offense and all the

13-5 other surrounding facts and circumstances which are known or which

13-6 reasonably should be known to the person at the time, it would not be

13-7 possible for a reasonable person, under those facts and circumstances, to

13-8 comply with the provisions of this section.

13-9 Sec. 18. If a person reports to a law enforcement agency that

13-10 another person has committed a violent criminal offense, whether or not

13-11 the person is required to make such a report pursuant to section 16 of

13-12 this act, and the violent criminal offense would constitute:

13-13 1. Abuse or neglect of a child, as defined in NRS 432B.020, the

13-14 report made by the person shall be deemed to be a report of the abuse or

13-15 neglect of the child that has been made pursuant to NRS 432B.220 and:

13-16 (a) The appropriate agencies shall act upon the report pursuant to

13-17 chapter 432B of NRS; and

13-18 (b) The report may be used in the same manner as other reports that

13-19 are made pursuant to NRS 432B.220; or

13-20 2. Abuse, neglect, exploitation or isolation of an older person, the

13-21 report made by the person shall be deemed to be a report of the abuse,

13-22 neglect, exploitation or isolation of the older person that has been made

13-23 pursuant to NRS 200.5093 and:

13-24 (a) The appropriate agencies shall act upon the report pursuant to

13-25 NRS 200.5091 to 200.50995, inclusive, and section 1 of this act; and

13-26 (b) The report may be used in the same manner as other reports that

13-27 are made pursuant to NRS 200.5093.

13-28 Sec. 19. 1. If a person who is required to report the commission of

13-29 a violent criminal offense pursuant to section 16 of this act makes such a

13-30 report to a law enforcement agency in good faith and in accordance with

13-31 that section, the person is immune from civil or criminal liability for any

13-32 act or omission related to that report, but the person is not immune from

13-33 civil or criminal liability for any other act or omission committed by the

13-34 person as part of, in connection with or as a principal or accessory to the

13-35 violent criminal offense, regardless of the nature of the other act or

13-36 omission.

13-37 2. If a person who is not required to report the commission of a

13-38 violent criminal offense pursuant to section 16 of this act makes such a

13-39 report to a law enforcement agency in good faith, the person is immune

13-40 from civil or criminal liability for any act or omission related to that

14-1 report, but the person is not immune from civil or criminal liability for

14-2 any other act or omission committed by the person as part of, in

14-3 connection with or as a principal or accessory to the violent criminal

14-4 offense, regardless of the nature of the other act or omission.

14-5 3. For the purposes of this section, if a person reports to a law

14-6 enforcement agency that another person has committed a violent

14-7 criminal offense, whether or not the person is required to make such a

14-8 report pursuant to section 16 of this act, the person is presumed to have

14-9 made the report in good faith unless the person is being prosecuted for a

14-10 criminal violation, including, without limitation, a violation of the

14-11 provisions of NRS 207.280.

14-12 Sec. 20. The provisions of sections 8 to 20, inclusive, of this act,

14-13 must not be construed to:

14-14 1. Create a civil cause of action for damages against a person who

14-15 fails to take any action required pursuant to sections 8 to 20, inclusive, of

14-16 this act; or

14-17 2. Abrogate or limit a civil cause of action for damages against a

14-18 person who fails to take any action required pursuant to sections 8 to 20,

14-19 inclusive, of this act, if the cause of action is provided for by another

14-20 statute or the common law.

14-21 Sec. 21. NRS 41.500 is hereby amended to read as follows:

14-22 41.500 1. Except as otherwise provided in NRS 41.505, any person

14-43 to or from any clinic, doctor’s office or other medical facility, is not liable

15-1 for any civil damages as a result of any act or omission, not amounting to

15-2 gross negligence, by him in rendering the emergency care or assistance, or

15-3 as a result of any act or failure to act, not amounting to gross negligence, to

15-4 provide or arrange for further medical treatment for the injured or ill

15-5 person.

15-6 3. Any appointed member of a volunteer service operating an

15-7 ambulance or an appointed volunteer serving on an ambulance operated by

15-8 a political subdivision of this state, other than a driver or attendant, of an

15-9 ambulance, is not liable for any civil damages as a result of any act or

15-10 omission, not amounting to gross negligence, by him whenever he is

15-11 performing his duties in good faith.

15-12 4. Any person who is a member of a search and rescue organization in

15-13 this state under the direct supervision of any county sheriff who in good

15-14 faith renders care or assistance in an emergency to any injured or ill

15-15 person, whether at the scene of an emergency or while transporting an

15-16 injured or ill person to or from any clinic, doctor’s office or other medical

15-17 facility, is not liable for any civil damages as a result of any act or

15-18 omission, not amounting to gross negligence, by him in rendering the

15-19 emergency care or assistance, or as a result of any act or failure to act, not

15-20 amounting to gross negligence, to provide or arrange for further medical

15-21 treatment for the injured or ill person.

15-22 5. Any person who is employed by or serves as a volunteer for a

15-23 public fire-fighting agency and who is authorized pursuant to chapter 450B

15-24 of NRS to render emergency medical care at the scene of an emergency is

15-25 not liable for any civil damages as a result of any act or omission, not

15-26 amounting to gross negligence, by that person in rendering that care , or as

15-27 a result of any act or failure to act, not amounting to gross negligence, to

15-28 provide or arrange for further medical treatment for the injured or ill

15-29 person.

15-30 6. Any person who:

15-31 (a) Has successfully completed a course in cardiopulmonary

15-32 resuscitation according to the guidelines of the American National Red

15-33 Cross or American Heart Association;

15-34 (b) Has successfully completed the training requirements of a course in

15-35 basic emergency care of a person in cardiac arrest conducted in accordance

15-36 with the standards of the American Heart Association; or

15-37 (c) Is directed by the instructions of a dispatcher for an ambulance, air

15-38 ambulance or other agency that provides emergency medical services

15-39 before its arrival at the scene of the emergency,

15-40 and who in good faith renders cardiopulmonary resuscitation in accordance

15-41 with his training or the direction, other than in the course of his regular

16-1 employment or profession, is not liable for any civil damages as a result of

16-2 any act or omission, not amounting to gross negligence, by that person in

16-3 rendering that care.

16-4 7. For the purposes of subsection 6, a person who:

16-5 (a) Is required to be certified in the administration of cardiopulmonary

16-6 resuscitation pursuant to NRS 391.092; and

16-7 (b) In good faith renders cardiopulmonary resuscitation on the property

16-8 of a public school or in connection with a transportation of pupils to or

16-9 from a public school or while on activities that are part of the program of a

16-10 public school,

16-11 shall be presumed to have acted other than in the course of his regular

16-12 employment or profession.

16-13 8. Any person who has successfully completed the training

16-14 requirements of a course in basic emergency care of a person in cardiac

16-15 arrest that:

16-16 (a) Included training in the operation and use of an automatic external

16-17 defibrillator; and

16-18 (b) Was conducted in accordance with the standards of the American

16-19 Heart Association,

16-20 and who renders emergency medical care involving the use of an

16-21 automatic external defibrillator in accordance with his training is not liable

16-22 for any civil damages as a result of any act or omission, not amounting to

16-23 gross negligence, by that person in rendering that care. A business or

16-24 organization that employs a person who renders emergency care in

16-25 accordance with this subsection is not liable for any civil damages as a

16-26 result of any act or omission, not amounting to gross negligence, by the

16-27 person rendering such care or for providing the automatic external

16-28 defibrillator to the person for the purpose of rendering such care.

16-29 Sec. 22. Chapter 432B of NRS is hereby amended by adding thereto a

16-30 new section to read as follows:

16-31 For the purposes of this chapter, a person:

16-32 1. Has "reasonable cause to believe" if, in light of all the

16-33 surrounding facts and circumstances which are known or which

16-34 reasonably should be known to the person at the time, a reasonable

16-35 person would believe, under those facts and circumstances, that an act,

16-36 transaction, event, situation or condition exists, is occurring or has

16-37 occurred.

16-38 2. Acts "as soon as reasonably practicable" if, in light of all the

16-39 surrounding facts and circumstances which are known or which

16-40 reasonably should be known to the person at the time, a reasonable

16-41 person would act within approximately the same period under those facts

16-42 and circumstances.

17-1 Sec. 23. NRS 432B.160 is hereby amended to read as follows:

17-2 432B.160 1. Immunity from civil or criminal liability extends to

17-18 there is a presumption that the person acted in good faith.

17-19 Sec. 24. NRS 432B.220 is hereby amended to read as follows:

17-20 432B.220 1. [A report must be made] Any person who is described

17-41 committed the [acts or omissions.

18-1 2. Reports] act or omission, and the investigation of the abuse or

18-2 neglect of the child must be made by an agency other than the one

18-3 alleged to have committed the act or omission.

18-4 3. A report must be made pursuant to subsection 1 by the following

18-5 persons : [who, in their professional or occupational capacities, know or

18-6 have reason to believe that a child has been abused or neglected:]

18-7 (a) A physician, dentist, dental hygienist, chiropractor, optometrist,

18-8 podiatric physician, medical examiner, resident, intern, professional or

18-9 practical nurse, physician’s assistant, psychiatrist, psychologist, marriage

18-10 and family therapist, alcohol or drug abuse counselor, advanced

18-11 emergency medical technician or other person providing medical services

18-12 licensed or certified in this state;

18-13 (b) Any personnel of a hospital or similar institution engaged in the

18-14 admission, examination, care or treatment of persons or an administrator,

18-15 manager or other person in charge of a hospital or similar institution upon

18-16 notification of suspected abuse or neglect of a child by a member of the

18-17 staff of the hospital;

18-18 (c) A coroner;

18-19 (d) A clergyman, practitioner of Christian Science or religious healer,

18-20 unless he has acquired the knowledge of the abuse or neglect from the

18-21 offender during a confession;

18-22 (e) A social worker and an administrator, teacher, librarian or counselor

18-23 of a school;

18-24 (f) Any person who maintains or is employed by a facility or

18-25 establishment that provides care for children, children’s camp or other

18-26 public or private facility, institution or agency furnishing care to a child;

18-27 (g) Any person licensed to conduct a foster home;

18-28 (h) Any officer or employee of a law enforcement agency or an adult or

18-29 juvenile probation officer;

18-30 (i) An attorney, unless he has acquired the knowledge of the abuse or

18-31 neglect from a client who is or may be accused of the abuse or neglect; and

18-32 (j) Any person who maintains, is employed by or serves as a volunteer

18-33 for an agency or service which advises persons regarding abuse or neglect

18-34 of a child and refers them to persons and agencies where their requests and

18-35 needs can be met.

18-36 [3.] 4. A report may be made by any other person.

18-37 [4. Any]

18-38 5. If a person who is required to make a report [under this section

18-39 who] pursuant to subsection 1 knows or has reasonable cause to believe

18-40 that a child has died as a result of abuse or neglect , the person shall , as

18-41 soon as reasonably practicable, report this belief to the appropriate

18-42 medical examiner or coroner, who shall investigate the report and submit

18-43 to

19-1 an agency which provides protective services his written findings . [,

19-2 which] The written findings must include , if obtainable, the information

19-3 required [under] pursuant to the provisions of subsection 2 of NRS

19-4 432B.230.

19-5 Sec. 25. NRS 432B.230 is hereby amended to read as follows:

19-6 432B.230 1. [The report required under the provisions of subsection

19-26 the agency which provides protective services considers necessary.

19-27 Sec. 26. NRS 432B.250 is hereby amended to read as follows:

19-28 432B.250 Any person who is required to make a report [under]

19-36 inclusive.

19-37 Sec. 27. NRS 432B.290 is hereby amended to read as follows:

19-38 432B.290 1. Except as otherwise provided in subsection 2 or 5, data

19-43 abused or neglected;

20-1 (b) A person authorized to place a child in protective custody, if [he]

20-2 the person has before him a child who he [reasonably believes may have]

20-3 has reasonable cause to believe has been abused or neglected and [he] the

20-4 person requires the information to determine whether to place the child in

20-5 protective custody;

20-6 (c) An agency, including, without limitation, an agency in another

20-7 jurisdiction, responsible for or authorized to undertake the care, treatment

20-8 or supervision of:

20-9 (1) The child; or

20-10 (2) The person responsible for the welfare of the child;

20-11 (d) A district attorney or other law enforcement officer who requires the

20-12 information in connection with an investigation or prosecution of abuse or

20-13 neglect of a child;

20-14 (e) A court, for in camera inspection only, unless the court determines

20-15 that public disclosure of the information is necessary for the determination

20-16 of an issue before it;

20-17 (f) A person engaged in bona fide research or an audit, but information

20-18 identifying the subjects of a report must not be made available to him;

20-19 (g) The guardian ad litem of the child;

20-20 (h) A grand jury upon its determination that access to these records is

20-21 necessary in the conduct of its official business;

20-22 (i) An agency which provides protective services or which is authorized

20-23 to receive, investigate and evaluate reports of abuse or neglect of a child;

20-24 (j) A person who or an organization that has entered into a written

20-25 agreement with an agency which provides protective services to provide

20-26 assessments or services and that has been trained to make such assessments

20-27 or provide such services;

20-28 (k) A team organized for the protection of a child pursuant to NRS

20-29 432B.350;

20-30 (l) A team organized pursuant to NRS 432B.405 to review the death of

20-31 a child;

20-32 (m) A parent or legal guardian of the child, if the identity of the person

20-33 responsible for reporting the alleged abuse or neglect of the child to a

20-34 public agency is kept confidential;

20-35 (n) The person named in the report as allegedly being abused or

20-36 neglected, if he is not a minor or otherwise legally incompetent;

20-37 (o) An agency that is authorized by law to license foster homes or

20-38 facilities for children or to investigate persons applying for approval to

20-39 adopt a child, if the agency has before it an application for that license or is

20-40 investigating an applicant to adopt a child;

21-1 (p) Upon written consent of the parent, any officer of this state or a city

21-2 or county thereof or legislator authorized by the agency or department

21-3 having jurisdiction or by the legislature, acting within its jurisdiction, to

21-4 investigate the activities or programs of an agency that provides protective

21-5 services if:

21-6 (1) The identity of the person making the report is kept confidential;

21-7 and

21-8 (2) The officer, legislator or a member of his family is not the person

21-9 alleged to have committed the abuse or neglect;

21-10 (q) The division of parole and probation of the department of motor

21-11 vehicles and public safety for use pursuant to NRS 176.135 in making a

21-12 presentence investigation and report to the district court; or

21-13 (r) Any person who is required pursuant to NRS 432B.220 to make a

21-14 report to an agency which provides protective services or to a law

21-15 enforcement agency.

21-16 2. Except as otherwise provided in subsection 3, data or information

21-17 concerning reports and investigations thereof made pursuant to this chapter

21-18 may be made available to any member of the general public if the child

21-19 who is the subject of the report dies or is critically injured as a result of

21-20 alleged abuse or neglect, except that the data or information which may be

21-21 disclosed is limited to:

21-22 (a) The fact that a report of abuse or neglect has been made and, if

21-23 appropriate, a factual description of the contents of the report;

21-24 (b) Whether an investigation has been initiated pursuant to NRS

21-25 432B.260, and the result of a completed investigation; and

21-26 (c) Such other information authorized for disclosure by a court pursuant

21-27 to subsection 4.

21-28 3. An agency which provides protective services shall not disclose data

21-29 or information pursuant to subsection 2 if the agency determines that the

21-30 disclosure is not in the best interests of the child or if disclosure of the

21-31 information would adversely affect any pending investigation concerning

21-32 the report.

21-33 4. Upon petition, a court of competent jurisdiction may authorize the

21-34 disclosure of additional information to the public pursuant to subsection 2

21-35 if good cause is shown by the petitioner for the disclosure of the additional

21-36 information.

21-37 5. An agency investigating a report of the abuse or neglect of a child

21-38 shall, upon request, provide to a person named in the report as allegedly

21-39 causing the abuse or neglect of the child:

21-40 (a) A copy of:

21-41 (1) Any statement made in writing to an investigator for the agency

21-42 by the person named in the report as allegedly causing the abuse or neglect

21-43 of the child; or

22-1 (2) Any recording made by the agency of any statement made orally

22-2 to an investigator for the agency by the person named in the report as

22-3 allegedly causing the abuse or neglect of the child; or

22-4 (b) A written summary of the allegations made against the person who

22-5 is named in the report as allegedly causing the abuse or neglect of the

22-6 child. The summary must not identify the person responsible for reporting

22-7 the alleged abuse or neglect.

22-8 6. Any person, except for:

22-9 (a) The subject of a report;

22-10 (b) A district attorney or other law enforcement officer initiating legal

22-11 proceedings; or

22-12 (c) An employee of the division of parole and probation of the

22-13 department of motor vehicles and public safety making a presentence

22-14 investigation and report to the district court pursuant to NRS 176.135,

22-15 who is given access, pursuant to subsection 1 or 2, to information

22-16 identifying the subjects of a report and who makes this information public

22-17 is guilty of a misdemeanor.

22-18 7. The division of child and family services shall adopt regulations to

22-19 carry out the provisions of this section.

22-20 Sec. 28. NRS 432B.290 is hereby amended to read as follows:

22-21 432B.290 1. Except as otherwise provided in subsection 2, data or

22-42 of an issue before it;

23-1 (f) A person engaged in bona fide research or an audit, but information

23-2 identifying the subjects of a report must not be made available to him;

23-3 (g) The guardian ad litem of the child;

23-4 (h) A grand jury upon its determination that access to these records is

23-5 necessary in the conduct of its official business;

23-6 (i) An agency which provides protective services or which is authorized

23-7 to receive, investigate and evaluate reports of abuse or neglect of a child;

23-8 (j) A team organized for the protection of a child pursuant to NRS

23-9 432B.350;

23-10 (k) A parent or legal guardian of the child, if the identity of the person

23-11 responsible for reporting the alleged abuse or neglect of the child to a

23-12 public agency is kept confidential;

23-13 (l) The person named in the report as allegedly being abused or

23-14 neglected, if he is not a minor or otherwise legally incompetent;

23-15 (m) An agency that is authorized by law to license foster homes or

23-16 facilities for children or to investigate persons applying for approval to

23-17 adopt a child, if the agency has before it an application for that license or is

23-18 investigating an applicant to adopt a child;

23-19 (n) Upon written consent of the parent, any officer of this state or a city

23-20 or county thereof or legislator authorized, by the agency or department

23-21 having jurisdiction or by the legislature, acting within its jurisdiction, to

23-22 investigate the activities or programs of an agency that provides protective

23-23 services if:

23-24 (1) The identity of the person making the report is kept confidential;

23-25 and

23-26 (2) The officer, legislator or a member of his family is not the person

23-27 alleged to have committed the abuse or neglect; or

23-28 (o) The division of parole and probation of the department of motor

23-29 vehicles and public safety for use pursuant to NRS 176.135 in making a

23-30 presentence investigation and report to the district court.

23-31 2. An agency investigating a report of the abuse or neglect of a child

23-32 shall, upon request, provide to a person named in the report as allegedly

23-33 causing the abuse or neglect of the child:

23-34 (a) A copy of:

23-35 (1) Any statement made in writing to an investigator for the agency

23-36 by the person named in the report as allegedly causing the abuse or neglect

23-37 of the child; or

23-38 (2) Any recording made by the agency of any statement made orally

23-39 to an investigator for the agency by the person named in the report as

23-40 allegedly causing the abuse or neglect of the child; or

24-1 (b) A written summary of the allegations made against the person who

24-2 is named in the report as allegedly causing the abuse or neglect of the

24-3 child. The summary must not identify the person responsible for reporting

24-4 the alleged abuse or neglect.

24-5 3. Any person, except for:

24-6 (a) The subject of a report;

24-7 (b) A district attorney or other law enforcement officer initiating legal

24-8 proceedings; or

24-9 (c) An employee of the division of parole and probation of the

24-10 department of motor vehicles and public safety making a presentence

24-11 investigation and report to the district court pursuant to NRS 176.135,

24-12 who is given access, pursuant to subsection 1, to information identifying

24-13 the subjects of a report and who makes this information public is guilty of

24-14 a misdemeanor.

24-15 4. The division of child and family services shall adopt regulations to

24-16 carry out the provisions of this section.

24-17 Sec. 29. The amendatory provisions of this act do not apply to a

24-18 person who violates NRS 200.5093 or 432B.220 or sections 8 to 20,

24-19 inclusive, of this act before October 1, 1999.

24-20 Sec. 30. 1. This section and sections 1 to 27, inclusive, and 29 of

24-21 this act become effective on October 1, 1999.

24-22 2. Section 27 of this act expires by limitation on June 30, 2001.

24-23 3. Section 28 of this act becomes effective on July 1, 2001.