Senate Bill No. 373–Senator Schneider

March 11, 1999

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Referred to Committee on Judiciary

 

SUMMARY—Provides immunity from civil liability for certain persons who provide assistance to agency, board or commission that regulates occupations or professions. (BDR 3-1237)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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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).

 

AN ACT relating to civil liability; providing in skeleton form immunity from civil liability for certain persons who assist an agency, board or commission that regulates an occupation or profession; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. Chapter 41 of NRS is hereby amended by adding thereto a

1-2 new section to read as follows:

1-3 A person who, without compensation, assists an agency, board or

1-4 commission that regulates an occupation or profession pursuant to Title

1-5 54, 55 or 56 of NRS in the investigation or prosecution of a person within

1-6 the jurisdiction of the agency, board or commission is immune from civil

1-7 liability for any decision or action taken in good faith and without

1-8 malicious intent while assisting the agency, board or commission.

1-9 Sec. 2. NRS 623.335 is hereby amended to read as follows:

1-10 623.335 1. Any person who furnishes information concerning an

1-11 applicant for registration or a holder of a certificate of registration in good

1-12 faith and without malicious intent is immune from any civil action for

1-13 furnishing that information.

1-14 2. The board, any member, employee or committee of the board,

1-15 [counsel, investigator, expert, hearing officer, registrant or other] or any

1-16 person who [assists] is compensated for assisting the board in the

1-17 investigation or prosecution of an alleged violation of a provision of this

2-1 chapter, a proceeding concerning licensure or reissuance of a license or a

2-2 criminal prosecution is immune from any civil liability for:

2-3 (a) Any decision or action taken in good faith and without malicious

2-4 intent in response to information acquired by the board.

2-5 (b) Disseminating information concerning an applicant for registration

2-6 or a registrant to any other licensing board, national association of

2-7 registered boards, an agency of the Federal Government or of the state, the

2-8 attorney general or any law enforcement agency.

2-9 Sec. 3. NRS 625.405 is hereby amended to read as follows:

2-10 625.405 1. Any person who furnishes information concerning a

2-11 licensee, an applicant for licensure, an intern or an applicant for

2-12 certification as an intern in good faith and without malicious intent is

2-13 immune from any civil action for furnishing that information.

2-14 2. The board, any member, employee or committee of the board,

2-15 [counsel, investigator, expert, hearing officer, licensee, intern or other] or

2-16 any person who [assists] is compensated for assisting the board in the

2-17 investigation or prosecution of an alleged violation of a provision of this

2-18 chapter, a proceeding concerning licensure or reissuance of a license or a

2-19 criminal prosecution is immune from any civil liability for:

2-20 (a) Any decision or action taken in good faith and without malicious

2-21 intent in response to information acquired by the board.

2-22 (b) Disseminating information concerning a licensee, an applicant for

2-23 licensure, an intern or an applicant for certification as an intern to any other

2-24 licensing board, national association of registered boards, an agency of the

2-25 Federal Government or of the state, the attorney general or any law

2-26 enforcement agency.

2-27 Sec. 4. NRS 630.364 is hereby amended to read as follows:

2-28 630.364 1. Any person or organization who furnishes information

2-29 concerning an applicant for a license or a licensee in good faith and without

2-30 malicious intent in accordance with the provisions of this chapter is

2-31 immune from any civil action for furnishing that information.

2-32 2. The board [and any of its members and its staff, counsel,

2-33 investigators, experts, committees, panels, hearing officers and consultants]

2-34 , any member, employee or committee of the board, or any person who is

2-35 compensated for assisting the board are immune from any civil liability

2-36 for:

2-37 (a) Any decision or action taken in good faith and without malicious

2-38 intent in response to information acquired by the board.

2-39 (b) Disseminating information concerning an applicant for a license or a

2-40 licensee to other boards or agencies of the state, the attorney general, any

2-41 hospitals, medical societies, insurers, employers, patients and their families

2-42 or any law enforcement agency.

3-1 3. A screening panel or any of its members, acting pursuant to NRS

3-2 41A.003 to 41A.069, inclusive, that initiates or assists in any proceeding

3-3 concerning a claim of malpractice against a physician is immune from any

3-4 civil action for that initiation or assistance or any consequential damages, if

3-5 the panel or members acted without malicious intent.

3-6 Sec. 5. NRS 630A.540 is hereby amended to read as follows:

3-7 630A.540 1. Any person who furnishes information to the board, in

3-8 good faith and without malicious intent in accordance with the provisions

3-9 of this chapter, concerning a person who is licensed or certified or applies

3-10 for a license or certificate under this chapter is immune from civil liability

3-11 for furnishing that information.

3-12 2. The board [and its members, staff, counsel, investigators, experts,

3-13 committees, panels, hearing officers and consultants] , any member,

3-14 employee or committee of the board, or any person who is compensated

3-15 for assisting the board are immune from civil liability for any decision or

3-16 action taken in good faith and without malicious intent in response to

3-17 information received by the board.

3-18 3. The board and any of its members are immune from civil liability for

3-19 disseminating information concerning a person who is licensed or certified

3-20 or applies for a license or certificate under this chapter to the attorney

3-21 general or any board or agency of the state, hospital, medical society,

3-22 insurer, employer, patient or his family or law enforcement agency.

3-23 Sec. 6. This act becomes effective on July 1, 1999.

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