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 613 of NRS is hereby amended by adding thereto

1-2 the provisions set forth as sections 2 to 12, inclusive, of this act.

1-3 Sec. 2. As used in sections 2 to 12, inclusive, of this act, unless the

1-4 context otherwise requires, the words and terms defined in sections 3 to

1-5 7, inclusive, of this act, have the meanings ascribed to them in those

1-6 sections.

1-7 Sec. 3. "Department" means the department of human resources.

1-8 Sec. 4. "Division" means the health division of the department of

1-9 human resources.

1-10 Sec. 5. "Employer" includes any person acting directly or indirectly

1-11 in the interest of an employer in relation to an employee or prospective

1-12 employee.

2-1 Sec. 6. "On-site test for alcohol or a controlled substance" or

2-2 "on-site test" means a device or kit that is used to determine the amount

2-3 of alcohol or the presence of a controlled substance in the specimen of

2-4 an employee or potential employee and which is approved by the Food

2-5 and Drug Administration for commercial use.

2-6 Sec. 7. "On-site screening facility for alcohol or a controlled

2-7 substance" or "on-site screening facility" means a location at which an

2-8 employer conducts an on-site test to determine the amount of alcohol or

2-9 the presence of a controlled substance in the blood or urine of an

2-10 employee or prospective employee.

2-11 Sec. 8. Notwithstanding any other provision of law, an employer

2-12 shall not conduct an on-site test of an employee or potential employee

2-13 unless the employer complies with the provisions of sections 9 to 12,

2-14 inclusive, of this act.

2-15 Sec. 9. An employer shall not conduct an on-site test to diagnose or

2-16 prevent disease.

2-17 Sec. 10. 1. An employer shall register with the division for

2-18 authorization to conduct an on-site test.

2-19 2. An application for registration must be on a form provided by the

2-20 division. The application must include:

2-21 (a) The name and address of the employer;

2-22 (b) The telephone number of the employer;

2-23 (c) The name of a person to contact at each on-site screening facility

2-24 which conducts an on-site test; and

2-25 (d) A statement certifying that:

2-26 (1) The employer conducts each on-site test according to the

2-27 information prepared by the Food and Drug Administration that is

2-28 inserted into the package which contains the on-site test;

2-29 (2) The employer conducts each on-site test according to the

2-30 instructions provided by the manufacturer of the on-site test;

2-31 (3) The manufacturer of the on-site test trains the employer to

2-32 conduct an on-site test;

2-33 (4) The employer maintains a record of the custody of a specimen

2-34 obtained for an on-site test; and

2-35 (5) If the employer obtains a result of an on-site test which

2-36 determines that an employee or prospective employee has a detectable

2-37 amount of alcohol or a controlled substance in his system, the employer

2-38 shall submit the same specimen that produced that result to a medical

2-39 laboratory licensed pursuant to chapter 652 of NRS or an equivalent

2-40 facility in any other state for confirmation of the result.

3-1 3. A medical laboratory licensed pursuant to chapter 652 of NRS or

3-2 an equivalent facility in any other state must confirm that the specimen

3-3 of the employee or prospective employee produced a detectable amount

3-4 of alcohol or a controlled substance in his system before the employer

3-5 takes any adverse action against the employee or prospective employee,

3-6 including, without limitation:

3-7 (a) Denying employment to a person;

3-8 (b) Depriving a person of employment; or

3-9 (c) Denying a benefit to an employee.

3-10 Sec. 11. Each employer that is authorized to conduct an on-site test

3-11 shall pay to the division an annual fee established by the division not to

3-12 exceed $50 for registration pursuant to section 10 of this act.

3-13 Sec. 12. Each employer that is authorized to conduct an on-site test

3-14 shall post and maintain a notice setting forth a summary of the

3-15 provisions of sections 2 to 12, inclusive, of this act, in a conspicuous

3-16 location at the place of employment where notices to employees and

3-17 applicants for employment are customarily posted and read.

3-18 Sec. 13. Chapter 652 of NRS is hereby amended by adding thereto a

3-19 new section to read as follows:

3-20 An employer who conducts an on-site test pursuant to sections 2 to 12,

3-21 inclusive, of this act, is exempt from the provisions of this chapter.