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 449 of NRS is hereby amended by adding thereto

1-2 the provisions set forth as sections 2, 3 and 4 of this act.

1-3 Sec. 2. For the purposes of sections 2, 3 and 4 of this act, "medical

1-4 facility" is limited to a:

1-5 1. Facility for intermediate care;

1-6 2. Facility for skilled nursing;

1-7 3. Independent center for emergency medical care; or

1-8 4. Hospital.

1-9 Sec. 3. 1. A person shall not retaliate or discriminate in any

1-10 manner against an employee of a medical facility or a person acting on

1-11 behalf of the employee who in good faith:

1-12 (a) Disclosed information relating to the care or services provided by

1-13 or conditions at a medical facility;

2-1 (b) Advocated on behalf of a patient with respect to the care or

2-2 services provided by or conditions at a medical facility; or

2-3 (c) Initiated, cooperated or otherwise participated in an investigation

2-4 or proceeding conducted by a governmental entity relating to the care or

2-5 services provided by or conditions at a medical facility.

2-6 2. A person shall not retaliate or discriminate in any manner against

2-7 an employee of a medical facility because the employee has attempted to

2-8 or intends to engage in an action described in subsection 1.

2-9 3. A person shall not prohibit, restrict or attempt to prohibit or

2-10 restrict by contract, policy, procedure or any other manner the right of an

2-11 employee of a medical facility to engage in an action described in

2-12 subsection 1.

2-13 4. The identity of an employee of a medical facility who discloses

2-14 information in good faith to a governmental entity regarding the care or

2-15 services provided by or conditions at a medical facility is confidential and

2-16 must not be disclosed by any person unless:

2-17 (a) The disclosing employee consents in writing to the disclosure; or

2-18 (b) There is imminent danger to public health or safety or the threat

2-19 of physical harm.

2-20 5. The provisions of this section and sections 2 and 4 of this act do

2-21 not protect the disclosure of information that would violate federal or

2-22 state law or diminish or impair the rights of a person to the continued

2-23 protection of confidentiality of communications provided by federal or

2-24 state law.

2-25 6. For the purposes of this section, an employee of a medical facility

2-26 acts in "good faith" if he reasonably believes that:

2-27 (a) The information is true; and

2-28 (b) The information disclosed by the employee:

2-29 (1) Evidences a violation of any law, rule, regulation or generally

2-30 recognized professional or clinical standard; or

2-31 (2) Relates to care or services provided by or conditions at a

2-32 medical facility that potentially endanger one or more patients or

2-33 employees or the public.

2-34 Sec. 4. 1. An employee of a medical facility who believes that he

2-35 has been retaliated or discriminated against in violation of section 3 of

2-36 this act may file an action in a court of competent jurisdiction.

2-37 2. If a court determines that a violation of section 3 of this act has

2-38 occurred, the court shall award such damages as it determines to have

2-39 resulted from the violation, including, without limitation, compensatory

2-40 damages, reinstatement, reimbursement of any wages, salary,

2-41 employment benefits or other compensation denied to or lost by the

2-42 employee as a result of the violation.

3-1 3. An action must be brought pursuant to this section not later than 1

3-2 year after the date of the last event constituting the alleged violation for

3-3 which the action is brought.