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 441A of NRS is hereby amended by adding thereto

1-2 a new section to read as follows:

1-3 1. A law enforcement officer, correctional officer, emergency

1-4 medical attendant, fireman or any other person who is employed by an

1-5 agency of criminal justice who may have been exposed to a contagious

1-6 disease while performing his official duties, or the employer of such a

1-7 person, may petition a court for an order requiring the testing of a

1-8 person for exposure to the human immunodeficiency virus and the

1-9 hepatitis B surface antigen if the person may have exposed the officer,

2-1 medical attendant, fireman or other person employed by an agency of

2-2 criminal justice to a contagious disease.

2-3 2. When possible, before filing a petition pursuant to subsection 1,

2-4 the person or employer petitioning shall submit information concerning

2-5 the possible exposure to a contagious disease to the designated health

2-6 care officer for the employer or, if there is no designated health care

2-7 officer, the person designated by the employer to document and verify

2-8 possible exposure to contagious diseases, for verification that there was

2-9 substantial exposure. Each designated health care officer or person

2-10 designated by an employer to document and verify possible exposure to

2-11 contagious diseases shall establish guidelines based on current scientific

2-12 information to determine substantial exposure.

2-13 3. A court shall promptly hear a petition filed pursuant to subsection

2-14 1 and determine whether there is probable cause to believe that a possible

2-15 transfer of blood or other bodily fluids occurred between the person who

2-16 filed the petition or on whose behalf the petition was filed and the person

2-17 who possibly exposed him to a contagious disease. If the court

2-18 determines that probable cause exists to believe that a possible transfer of

2-19 blood or other bodily fluids occurred, the court shall order the person

2-20 who possibly exposed the petitioner to a contagious disease to submit two

2-21 specimens of blood to a local hospital or medical laboratory for testing

2-22 for exposure to the human immunodeficiency virus and the hepatitis B

2-23 surface antigen. The local hospital or medical laboratory shall perform

2-24 the test in accordance with generally accepted medical practices and

2-25 shall disclose the results of the test in the manner set forth in section 3 of

2-26 this act.

2-27 4. The employer of a person who files a petition or on whose behalf a

2-28 petition is filed pursuant to this section or the insurer of the employer

2-29 shall pay the cost of performing the test pursuant to subsection 3.

2-30 5. As used in this section:

2-31 (a) "Agency of criminal justice" has the meaning ascribed to it in

2-32 NRS 179A.030.

2-33 (b) "Emergency medical attendant" means a person licensed as an

2-34 attendant or certified as an emergency medical technician, intermediate

2-35 emergency medical technician or advanced emergency medical

2-36 technician pursuant to chapter 450B of NRS.

2-37 Sec. 2. NRS 441A.220 is hereby amended to read as follows:

2-38 441A.220 All information of a personal nature about any person

2-42 medical information and must not be disclosed to any person under any

3-1 circumstances, including pursuant to any subpoena, search warrant or

3-2 discovery proceeding, except as follows:

3-3 1. For statistical purposes, provided that the identity of the person is

3-4 not discernible from the information disclosed.

3-5 2. In a prosecution for a violation of this chapter.

3-6 3. In a proceeding for an injunction brought pursuant to this chapter.

3-7 4. In reporting the actual or suspected abuse or neglect of a child or

3-8 elderly person.

3-9 5. To any person who has a medical need to know the information for

3-10 his own protection or for the well-being of a patient or dependent person,

3-11 as determined by the health authority in accordance with regulations of the

3-12 board.

3-13 6. If the person who is the subject of the information consents in

3-14 writing to the disclosure.

3-15 7. Pursuant to subsection 2 of NRS 441A.320 [.] or section 3 of this

3-16 act.

3-17 8. If the disclosure is made to the welfare division of the department of

3-18 human resources and the person about whom the disclosure is made has

3-19 been diagnosed as having acquired immunodeficiency syndrome or an

3-20 illness related to the human immunodeficiency virus and is a recipient of or

3-21 an applicant for Medicaid.

3-22 9. To a fireman, police officer or person providing emergency medical

3-23 services if the board has determined that the information relates to a

3-24 communicable disease significantly related to that occupation. The

3-25 information must be disclosed in the manner prescribed by the board.

3-26 10. If the disclosure is authorized or required by specific statute.

3-27 Sec. 3. Chapter 629 of NRS is hereby amended by adding thereto a

3-28 new section to read as follows:

3-29 1. A provider of health care shall disclose the results of all tests

3-30 performed pursuant to section 1 of this act to:

3-31 (a) The person who was tested;

3-32 (b) The law enforcement officer, correctional officer, emergency

3-33 medical attendant, fireman or other person who is employed by an

3-34 agency of criminal justice who filed the petition or on whose behalf the

3-35 petition was filed pursuant to section 1 of this act;

3-36 (c) The designated health care officer for the employer of the person

3-37 described in paragraph (b) or, if there is no designated health care

3-38 officer, the person designated by the employer to document and verify

3-39 possible exposure to contagious diseases; and

3-40 (d) If the person who was tested is incarcerated or detained, the

3-41 person in charge of the facility in which the person is incarcerated or

3-42 detained and the chief medical officer of the facility in which the person

3-43 is incarcerated or detained, if any.

4-1 2. A provider of health care and an agent or employee of a provider

4-2 of health care are immune from civil liability for a disclosure made in

4-3 accordance with the provisions of this section.