Assembly Bill No. 279–Assemblymen Leslie, Gibbons, Giunchigliani, Goldwater, Parks, Anderson, Buckley, Carpenter, Chowning, Collins, Freeman, Humke, Koivisto, Manendo, McClain, Neighbors, Oceguera, Parnell, Price, Smith and Williams

 

March 6, 2001

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Provides for availability of industrial insurance benefits to providers of health care for exposure to certain contagious diseases. (BDR 53‑123)

 

FISCAL NOTE:            Effect on Local Government: Yes.

                                    Effect on the State: Yes.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to occupational disease; providing for the availability of industrial insurance benefits to providers of health care for exposure to certain contagious diseases; 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 617 of NRS is hereby amended by adding thereto

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

1-3    Sec. 2.  1.  Notwithstanding any other provision of this chapter and

1-4  except as otherwise provided in this section, if an employee has a

1-5  contagious, blood-borne disease including, without limitation, acquired

1-6  immune deficiency syndrome, hepatitis B or hepatitis C, that results in a

1-7  temporary or permanent disability or death, the disease is an

1-8  occupational disease and compensable as such under the provisions of

1-9  this chapter if:

1-10    (a) The employee has been employed in this state as a provider of

1-11  health care; and

1-12    (b) It is demonstrated that:

1-13      (1) He was exposed, during the course of that employment, to blood

1-14  or bodily fluids of a potentially infectious nature; and

1-15      (2) The exposure is reasonably associated with the contagious

1-16  disease.

1-17    2.  Such an employee and his dependents are excluded from the

1-18  benefits of this section if:

2-1    (a) The employee was diagnosed with the contagious disease before

2-2  the commencement of the employment; or

2-3    (b) It is proven by clear and convincing evidence that the contagious

2-4  disease did not arise out of and in the course of the employment.

2-5    3.  The provisions of this section apply to a provider of health care

2-6  who is diagnosed with a contagious, blood-borne disease after the

2-7  termination of the employment if the diagnosis is made within 1 year

2-8  after the last day of the employment.

2-9    4.  Compensation awarded to an employee or his dependents

2-10  pursuant to this section must include the compensation provided in

2-11  chapters 616A to 616D, inclusive, of NRS for the contagious disease and

2-12  any additional diseases or conditions that are associated with or result

2-13  from the disease.

2-14    5.  As used in this section, “provider of health care” means a person

2-15  who is licensed, certified or otherwise authorized by the law of this state

2-16  to administer health care in the ordinary course of business or practice

2-17  of a profession.

2-18    Sec. 3.  1.  Notwithstanding any other provision of this chapter and

2-19  except as otherwise provided in this section, if an employee is infected

2-20  with antibodies associated with a contagious, blood-borne disease

2-21  including, without limitation, acquired immune deficiency syndrome,

2-22  hepatitis B or hepatitis C, and the infection results in a temporary or

2-23  permanent disability or death, the infection is an occupational disease

2-24  and compensable as such under the provisions of this chapter if:

2-25    (a) The employee has been employed in this state as a provider of

2-26  health care; and

2-27    (b) It is demonstrated that:

2-28      (1) The employee sustained a percutaneous injury from the use of a

2-29  sharp device while administering health care during the course of that

2-30  employment to a patient who has been diagnosed with such a disease;

2-31      (2) The employee reported the injury to his employer in compliance

2-32  with reporting requirements adopted by the employer; and

2-33      (3) A blood test administered to the employee within 12 months

2-34  after the date of the injury reveals that the employee has the antibodies

2-35  associated with the contagious disease.

2-36    2.  Such an employee and his dependents are excluded from the

2-37  benefits of this section if:

2-38    (a) The employee tested positive for the presence of the antibodies

2-39  before the commencement of the employment; or

2-40    (b) It is proven by clear and convincing evidence that the infection did

2-41  not arise out of and in the course of the employment.

2-42    3.  Compensation awarded to an employee or his dependents

2-43  pursuant to this section must include the compensation provided in

2-44  chapters 616A to 616D, inclusive, of NRS for the infection and any

2-45  additional diseases or conditions that are associated with or result from

2-46  the infection.

2-47    4.  As used in this section:

2-48    (a) “Percutaneous injury” means the parenteral introduction of blood

2-49  or another potentially infectious material into the body of a provider of

3-1  health care through his skin during the performance of his official

3-2  duties.

3-3    (b) “Provider of health care” means a person who is licensed, certified

3-4  or otherwise authorized by the law of this state to administer health care

3-5  in the ordinary course of business or practice of a profession.

3-6    (c) “Sharp device” means any instrument used for the withdrawal of

3-7  bodily fluids, the administration of medication or fluids or any other

3-8  procedure that may cause the infliction of a percutaneous injury. The

3-9  term includes, without limitation, a needle, lancet and scalpel.

 

3-10  H