Amendment No. 384

Assembly Amendment to Assembly Bill No. 483 (BDR 40-1399)

Proposed by: Committee on Judiciary

Amendment Box:

Resolves Conflicts with: N/A

Amends: Summary: Title: Preamble: Joint Sponsorship:

ASSEMBLY ACTION Initial and Date | SENATE ACTION Initial and Date

Adopted Lost | Adopted Lost

Concurred In Not | Concurred In Not

Receded Not | Receded Not

Amend section 1, pages 1 and 2, by deleting lines 3 through 11 on page 1 and lines 1 through 22 on page 2, and inserting:

"1. A law enforcement officer, correctional officer, emergency medical attendant, fireman or any other person who is employed by an agency of criminal justice who may have been exposed to a contagious disease while performing his official duties, or the employer of such a person, may petition a court for an order requiring the testing of a person for exposure to the human immunodeficiency virus and the hepatitis B surface antigen if the person may have exposed the officer, medical attendant, fireman or other person employed by an agency of criminal justice to a contagious disease.

2. When possible, before filing a petition pursuant to subsection 1, the person or employer petitioning shall submit information concerning the possible exposure to a contagious disease to the designated health care officer for the employer or, if there is no designated health care officer, the person designated by the employer to document and verify possible exposure to contagious diseases, for verification that there was substantial exposure. Each designated health care officer or person designated by an employer to document and verify possible exposure to contagious diseases shall establish guidelines based on current scientific information to determine substantial exposure.

3. A court shall promptly hear a petition filed pursuant to subsection 1 and determine whether there is probable cause to believe that a possible transfer of blood or other bodily fluids occurred between the person who filed the petition or on whose behalf the petition was filed and the person who possibly exposed him to a contagious disease. If the court determines that probable cause exists to believe that a possible transfer of blood or other bodily fluids occurred, the court shall order the person who possibly exposed the petitioner to a contagious disease to submit two specimens of blood to a local hospital or medical laboratory for testing for exposure to the human immunodeficiency virus and the hepatitis B surface antigen. The local hospital or medical laboratory shall perform the test in accordance with generally accepted medical practices and shall disclose the results of the test in the manner set forth in section 3 of this act.

4. The employer of a person who files a petition or on whose behalf a petition is filed pursuant to this section or the insurer of the employer shall pay the cost of performing the test pursuant to subsection 3.

5. As used in this section:

(a) "Agency of criminal justice" has the meaning ascribed to it in NRS 179A.030.

(b) "Emergency medical attendant" means a person licensed as an attendant or certified as an emergency medical technician, intermediate emergency medical technician or advanced emergency medical technician pursuant to chapter 450B of NRS.".

Amend sec. 2, page 3, lines 3 and 4, by deleting:

"subsection 3 of section 1" and inserting "section 3".

Amend the bill as a whole by adding a new section designated sec. 3, following sec. 2, to read as follows:

"Sec. 3. Chapter 629 of NRS is hereby amended by adding thereto a new section to read as follows:

1. A provider of health care shall disclose the results of all tests performed pursuant to section 1 of this act to:

(a) The person who was tested;

(b) The law enforcement officer, correctional officer, emergency medical attendant, fireman or other person who is employed by an agency of criminal justice who filed the petition or on whose behalf the petition was filed pursuant to section 1 of this act;

(c) The designated health care officer for the employer of the person described in paragraph (b) or, if there is no designated health care officer, the person designated by the employer to document and verify possible exposure to contagious diseases; and

(d) If the person who was tested is incarcerated or detained, the person in charge of the facility in which the person is incarcerated or detained and the chief medical officer of the facility in which the person is incarcerated or detained, if any.

2. A provider of health care and an agent or employee of a provider of health care are immune from civil liability for a disclosure made in accordance with the provisions of this section.".

Amend the title of the bill to read as follows:

"AN ACT relating to public health; authorizing a law enforcement officer, correctional officer, emergency medical attendant, fireman and any other person who is employed by an agency of criminal justice or the employer of any such person to petition a court to require a person who may have exposed the employee to a contagious disease to be tested for the human immunodeficiency virus and the hepatitis B surface antigen; and providing other matters properly relating thereto.".

Amend the summary of the bill to read as follows:

"SUMMARY—Authorizes law enforcement officer, correctional officer, emergency medical attendant, fireman and any other person who is employed by agency of criminal justice or employer of such person to petition court to require person who may have exposed employee to contagious disease to be tested for human immunodeficiency virus and hepatitis B surface antigen. (BDR 40-1399)".